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(영문) 서울고등법원 2015.04.02 2014나2023865

대여금

Text

1. The plaintiff's appeal against the defendants is dismissed in entirety.

2. The costs of appeal shall be borne by the Plaintiff.

purport, purport, and.

Reasons

1. Basic facts

A. On May 6, 2013, the Plaintiff is a shape of F (the husband of G, who is the second husband of the deceased), who died on May 6, 2013 (hereinafter “the deceased”). Defendant B is the deceased’s spouse, Defendant C, D, and E’s children.

B. The registration of ownership transfer was completed on August 19, 197 under the Plaintiff’s name as of June 19, 1997 with respect to 1,294/1,726 shares (hereinafter “instant land”) out of 1,726 square meters in Gangnam-gu Seoul Nam-gu, Seoul, and the registration of ownership transfer was completed on January 12, 201 under the name of EP on January 18, 201 under the name of EP Corporation.

C. On February 22, 201, E.S. deposited KRW 1,151,660,000 in the purchase price of the instant land in the agricultural bank account in the name of the Plaintiff (I).

After that, on February 25, 201, the amount of KRW 1,151,660,000 was withdrawn from the above Agricultural Cooperative account, and KRW 300,000,000 was deposited in the National Bank Account under the name of the Deceased, and KRW 851,660,000 was deposited in the New Financial Investment Account under the name of the Plaintiff (K).

[Reasons for Recognition] In the absence of dispute, Gap evidence 1, Gap evidence 2-1, Gap evidence 2-2, Gap evidence 3-1, 2, 3, Gap evidence 5, and 6, and the result of the order to submit financial transaction information to the representative director of the financial investment company which was trusted by the court of first instance, the purport of the whole pleadings

2. Determination on the cause of the claim

A. Plaintiff’s assertion 1) The Plaintiff and the Deceased purchased the instant land by sharing the price thereof on June 19, 197, and completed the registration of ownership transfer under the Plaintiff’s sole name, but the said land was owned by the Plaintiff and the Deceased. However, on January 1, 2011, the Plaintiff and the Deceased sold the instant land to the said Corporation in the course of the acquisition of public site by incorporating the instant land into the O-Housing Project zone. The Plaintiff and the Deceased agreed that KRW 600,000 out of the purchase price, 1,151,660,000, among the purchase price, 600,000,000 among the purchase price, shall be borne by the Plaintiff, and the remainder shall be borne by the Deceased.

3. Of the above KRW 1,151,660,000, the Plaintiff had to have 600,000,000, February 25, 2011.