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(영문) 서울중앙지방법원 2019.08.21 2017가합571584

보관금반환

Text

1. Defendant C’s KRW 570,000,000 as well as 5% per annum from November 16, 2017 to August 21, 2019 to the Plaintiff.

Reasons

1. Basic facts

A. 1) The Plaintiff and the Defendant C are the siblings between the Plaintiff and the Defendant C, and the Plaintiff’s 5 South-North female, the first South-North Korea interest of Defendant C, the second South-North Korea interest of Defendant C, and the fifth. 2) Defendant C is the spouse of Defendant C, and Defendant B is the head of Defendant C and the head of Dong.

B. The Plaintiff and Defendant C, on February 28, 1990, shall be deemed to have registered each ownership transfer of the instant real estate (hereinafter “instant real estate”) and the four-story buildings (hereinafter “instant real estate”).

(2) On January 3, 1991, Defendant C completed the registration of ownership transfer based on the sale on December 1, 1989 with respect to each of 1/2 shares. Defendant C completed the registration of ownership transfer based on the sale on September 11, 1990 with respect to each of the above 1/2 shares under Defendant B’s name. However, the registration of ownership transfer based on a title trust agreement with Defendant B as a title trustee.

3) On October 26, 2007, Defendant C concluded a sales contract with the Plaintiff and Defendant B to sell the instant real estate for KRW 2,530,000,000 under the name of the Plaintiff and Defendant B (hereinafter “instant sales contract”).

(4) According to the above, the Defendant C received the money from F after deducting the secured debt of the right to collateral security from the purchase price of the instant real estate, and the Plaintiff and Defendant B completed the registration of ownership transfer on October 26, 2007 with respect to each of the instant real estate on December 24, 2007, with respect to each of the instant real estate 1/2 shares as to each of the instant real estate on December 26, 2007. < Amended by Act No. 8497, Oct. 26, 2007>

C. 1) D on August 25, 2003, 2003, the first floor H heading 29 square meters among the seven-story buildings on the G ground of Seoul Special Metropolitan City, Nowon-gu, Seoul Special Metropolitan City (hereinafter “G commercial buildings”).

(2) On May 1, 2003, the Plaintiff completed the registration of ownership transfer based on sale on May 1, 2003. 2) around October 2007.