beta
(영문) 의정부지방법원고양지원 2015.02.12 2013가단508258

대여금

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The Plaintiff, the Defendant, and C purchased from D on February 26, 2006, E forest land E 267 square meters and F forest land 1,824 square meters (hereinafter “instant real estate”).

The plaintiff paid KRW 53 million to D on February 27, 2006.

B. On April 18, 2006, the right to collateral security of KRW 392 million with respect to the instant real estate was established in the name of the Pakistan Livestock Cooperative, a debtor of the Defendant, G on April 18, 2006, and loaned KRW 280 million on April 20, 2008.

On the other hand, on April 12, 2006, with respect to the land and the building on the land in Yongsan-gu, Yongsan-gu, Busan-gu, where G and C shared a half of the total debt amount of KRW 420 million with the debtor C, the right to collateral security of KRW 70 million with the maximum debt amount of KRW 70 million with the debtor G was created in the future, and each loan was made on April 14, 2006 with KRW 30 million with the amount of KRW 50 million with the debtor. < Amended by Presidential Decree No. 19457, Apr. 14, 2006>

C. On April 9, 2007, KRW 40 million was remitted from G account to D. On April 30, 2007, KRW 13.5 million was deposited from the Plaintiff to G account on April 30, 2007, and again, transferred KRW 13.24 million to D.

On August 1, 2011, a sales contract was prepared with respect to the instant real estate in which the seller and D, the buyer and the Defendant J, and the buyer as to KRW 56,9160,000,000,000 was determined. On October 13, 2011, the transfer registration of ownership was completed by one half shares in each of the instant real estate in both the Defendant and J.

[Basis for Recognition: Evidence A(including partial numbers; hereinafter the same shall apply) Nos. 1 and 3

(iii) evidence Nos. (1), (2), and (3) and the purport of the entire pleading

2. When purchasing the Plaintiff’s alleged land, the Plaintiff, the Defendant, and C agreed to divide the down payment of KRW 120 million into KRW 40 million. The Defendant paid KRW 80 million, including the Defendant’s share of KRW 40 million, to the seller D on the ground that the Plaintiff did not have any money, thereby lending KRW 40 million to the Defendant, and at the Defendant’s request, again lending KRW 13.5 million to the Defendant when paying the remainder of the instant land.

On the other hand, the defendant raised objection.