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(영문) 부산지방법원 동부지원 2018.01.18 2016가단206330

대여금

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Facts of recognition;

A. The Plaintiff owned KRW 163,303,130 with the purchase price claim against Nonparty C, and filed an application with Nonparty C for a payment order with the Daegu District Court 2015 tea1460 and became final and conclusive around April 7, 2015.

B. The defendant is the legal wife of the non-party C.

C. On February 18, 1998, the defendant and the non-party C purchased 1/2 shares of 1/2 shares each of the D apartment 109 Dong-dong 1902 (hereinafter "the apartment of this case").

On October 2, 2000, Nonparty C donated 1/2 shares of the apartment of this case to the Defendant.

E. As to the apartment of this case to the National Bank, the Defendant set the right to collateral security of KRW 240 million on October 20, 200 with respect to the apartment of this case, but cancelled on January 21, 2002. On January 30, 2002, the Defendant again set the right to collateral security of KRW 240 million with Nonparty C as the debtor on January 30, 2002.

F. On August 10, 2011, the Defendant sold the instant apartment to Nonparty E and completed the registration of relocation after cancelling the obligor’s right to collateral security on October 24, 2011.

G. On October 24, 2011, the Defendant leased from F the G Building 101, Busan Metropolitan City, Busan Metropolitan City, 1502, the deposit of KRW 450 million.

[Reasons for Recognition] Uncontentious Facts, Entry of Evidence A1 and 2, and the purport of the whole pleadings

2. The parties' assertion

A. In light of the fact that Nonparty C donated 1/2 shares of the instant apartment to the Defendant and provided the instant apartment to the National Bank as collateral even after the registration of ownership transfer was completed, Nonparty C still appears to have owned 1/2 shares of the instant apartment. On October 201, 201, the deposit amount of KRW 450 million paid by the Defendant while leasing No. 1502 of the G Building No. 101, 1502 was the money for the instant apartment, and some of the deposit money should be the money that Nonparty C lent to the Defendant.

Nonparty C is in excess of its obligation, and the Plaintiff seeks the payment of the above loan on behalf of Nonparty C.

B. The defendant's assertion against Nonparty C