beta
(영문) 서울동부지방법원 2016.09.08 2015가단123826

대여금

Text

1. The plaintiff's claim is dismissed.

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

Reasons

The fact that the plaintiff and the defendant purchased D apartment 107,00,000 won (hereinafter "the apartment of this case") from C on April 10, 2015, and the down payment of KRW 45,000,000 on the date of the contract, the intermediate payment of KRW 250,000,000 on May 29, 2015, and the remainder of KRW 215,000,000 on the same day after each payment on July 14, 2015, KRW 1/2 equity transfer registration was completed, and KRW 1,00,000 on the same day, KRW 30,000, KRW 1,000 on the same day, KRW 00, KRW 500 on the purchase price and KRW 1,05,00 on the same day, KRW 300,000 on the day of the contract, KRW 100,50,000 on the remainder of the contract.

The Plaintiff claimed that the Plaintiff returned the pre-paid deposit that the Defendant had previously resided was immediately returned, and the Defendant claimed that the said deposit was returned, and the Defendant did not bear the burden of proving that the said money was donated. Although the Plaintiff paid the entire purchase price of the apartment of this case, the fact that the Plaintiff and the Defendant registered the transfer of ownership as co-ownership of 1/2 each of the Plaintiff and the Defendant in the registration of transfer of ownership was recorded, as seen above, in full view of the purport of the argument in the evidence No. 2 as seen above, the Plaintiff’s spouse and the Defendant’s dead on November 16, 2010, the Plaintiff appears to have succeeded to all G’s property according to the agreement division at the time of the Plaintiff’s death on April 5, 2013.