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(영문) 부산지방법원동부지원 2019.05.02 2018가합472

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 was living together with the defendant from May 2008 and completed the marriage report on April 10, 2009.

B. Meanwhile, on April 13, 2005, the registration of ownership transfer was completed in the name of E with respect to Busan Shipping Daegu Apartment D (hereinafter “the apartment of this case”). On November 14, 2008, when the plaintiff and the defendant living together with the defendant on November 14, 2008, the registration of ownership transfer was completed with the transaction price of KRW 258,000,000 on the ground of the sale contract under the name of the defendant on November 4, 2008 (hereinafter “the sales contract of this case”). On the same day, the registration of ownership transfer was completed in the name of F Co., Ltd., with the maximum debt amount of KRW 261,60,000,000, and the registration of ownership transfer (hereinafter “the registration of ownership transfer of this case”).

C. On July 1, 2013, the Defendant filed a lawsuit against the Plaintiff for divorce and consolation money under the Busan Family Court Decision 2013Ra14848, but withdrawn the said lawsuit on August 22, 2013, and thereafter, on August 29, 2013, the Plaintiff got a divorce with the Defendant around August 29, 2013.

On July 5, 2013, the registration of the establishment of a right to lease on a deposit basis (150,000,000 won for lease on a deposit basis) and the registration of the establishment of a right to lease on a deposit basis (150,000,000 won for lease on a deposit basis) was completed, and on July 23, 2013, the registration of the establishment of a right to lease on a deposit basis under the name of F Co., Ltd. was revoked, and on June 29, 2017, the registration of the establishment of a right to lease on a deposit basis (165,000,000 won for the maximum

[Reasons for Recognition] Facts without dispute, Gap evidence 3-1, 2, Gap evidence 5, Gap evidence 7-1 through 3, Eul evidence 1, the purport of the whole pleadings

2. Judgment on the plaintiff's assertion

A. On November 4, 2008, the Plaintiff asserted that the Plaintiff purchased the instant apartment and entered into a title trust agreement with the Defendant on the said apartment, and completed the registration of ownership transfer with respect to the said apartment in the name of the Defendant. Since the agreement was terminated through the service of a copy of the preparatory document dated March 20, 2019, the Defendant terminated the said title trust agreement.