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(영문) 서울중앙지방법원 2020.01.10 2019나18173

대여금

Text

1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Basic facts

A. On September 10, 2010, the network D (hereinafter “the network”) sold the two-story housing located in the Seoul Jung-gu Seoul Special Metropolitan City (hereinafter “F real estate”) to the Plaintiff E in KRW 150,000,000, and the down payment of KRW 65,000,000 was agreed to receive on September 15, 2010 at the time of the contract and the remainder of KRW 85,00,000 from the contract.

(hereinafter “instant sales contract”). B.

On September 15, 2010, the Deceased drafted a “Agreement on Terms and Conditions of Sale,” stating that “The deceased may live in F Real Estate for a lifelong period of KRW 30,000,000,000, and at any time, the deceased may receive a refund of total amount of KRW 30,000,000, and even if the deceased were to receive a refund of deposit later, he may live in F Real Estate.”

C. G, a spouse of the Plaintiff, deposited KRW 85,00,000, out of KRW 135,000,000, which was loaned from H Bank on September 15, 2010, into the account of the Deceased’s bank account as the price for the remainder of the instant sales contract. E completed the registration of ownership transfer on F real estate on September 17, 2010 for the instant sales contract.

On April 21, 2011, the Deceased completed the ownership transfer registration (the transaction value of KRW 97,000,000) based on the sale as of April 11, 201 in the name of the Deceased, with respect to Jongno-gu Seoul Jongno-gu Seoul International Basement J (hereinafter “I Real Estate”).

E. The Deceased died on November 13, 2017 while continuing to reside in F’s real estate, and the Defendant is the only heir who is the deceased’s father.

【Ground of recognition】 The facts without any dispute, Gap’s 1 through 6, Gap’s 8 through 14, 17, Eul’s 2-1 and 2, and the purport of the whole pleadings

2. The assertion and judgment

A. The plaintiff's assertion is about 0,000,000 won in cash and about 40,000,000 won in total, at the request of the deceased, for a loan necessary to purchase new I real estate after the sales contract of this case. < Amended by Presidential Decree No. 22347, Sep. 25, 2010; Presidential Decree No. 22347, Oct. 20, 2000>