대여금
1. All of the plaintiff's claims are dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. The Plaintiff asserted that the Plaintiff sold D 1620 units (hereinafter “instant building”) sold to the Defendants by Hyundai Construction Co., Ltd. (hereinafter “Modern Construction”) for KRW 32 million, and leased KRW 15 million on September 20, 2007 to the Defendants.
The Defendants are obligated to pay the purchase price and the loan to the Plaintiff.
2. Comprehensively taking account of the purport of evidence evidence Nos. 1 and 4, the Plaintiff entered into a sales contract with Hyundai Construction Co., Ltd. (hereinafter “former Construction”) on Nov. 16, 2001 to the effect that the Plaintiff would purchase Nos. 1620 on Nov. 16, 2001; the Plaintiff paid the sale price of KRW 5 million on Nov. 15, 2001; KRW 27 million on May 31, 2004; the Plaintiff transferred the name of the buyer on Dec. 27, 2004 to the name of the Defendant; Defendant B transferred the ownership transfer registration to July 25, 2008; Defendant B concluded the registration of ownership transfer with the Plaintiff on Apr. 26, 2005; Defendant B did not have any evidence to acknowledge that the Plaintiff transferred money to the Plaintiff on Sep. 25, 2007 as the loan for consumption under the name of each of the Defendants.
Inasmuch as the Plaintiff’s assertion is false, the Plaintiff’s claim is justifiable. However, even if based on the Plaintiff’s assertion and evidence, it is difficult to readily conclude that Defendant B’s assertion is false, and even if it is found that Defendant B’s assertion on the matter on which the Plaintiff bears the burden of proof is different from the fact, the Plaintiff’s assertion alone
The plaintiff's assertion against the defendants is insufficient to support it, and thus, it is not accepted.
3. Thus, the plaintiff's claim against the defendants is all unfair, and it is dismissed. It is so decided as per Disposition.