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(영문) 수원지방법원 2015.11.17 2014가단66105

대여금

Text

1. The plaintiff's claim is dismissed.

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

Reasons

Basic Facts

On February 19, 2010, the Deceased and G Co., Ltd. entered into a sales contract with G Co., Ltd. (representative director H; hereinafter referred to as “small Co., Ltd.”), and with G Co., Ltd. (hereinafter referred to as “small Co., Ltd.”) to sell approximately KRW 9,258 square meters of forest 18,149 square meters of forest 18,149 square meters prior to the split-off of the purchase price for KRW 882,00,000 of the purchase price, and respectively, to sell KRW 7,273 square meters of 18,149 square meters of the same day as “non-H” and KRW 18,149 square meters of the sale price for KRW 693,200,000.

The deceased, the non-party company, and H trade 7,273 square meters in part of the forest on the same day on the same day, and the amount of KRW 315,00 per square meter: Provided, That since the cemetery area may increase or decrease after the survey, they agreed to make settlement after the survey.

I's land was partitioned into J, K, L or E's land from July 2010 to December 201.

On October 30, 2010, the Deceased entered into a sales contract with the non-party company to sell the J-owned Land of KRW 3603 square meters, and K Forest of KRW 2995 square meters in the purchase price of KRW 630 million. On December 3, 2010, the Deceased completed the registration of ownership transfer in the non-party company.

On March 17, 2011, the Deceased entered into a sales contract with H to sell L 2,98 square meters of forest land, M 3,395 square meters of forest land to H for KRW 595,00,000, and for the same year.

4. 1. He completed the registration of ownership transfer in the future.

On January 10, 2012, the deceased entered into a sales contract with the non-party company to sell 2,98 square meters of forest land in KRW 300 million, and received KRW 300 million from the non-party company on November 11 of the same month, and completed the registration of ownership transfer in the future of the non-party company on the same day.

On February 29, 2012, the Deceased prepared a consignment delegation form stating that the sale of the instant land is entrusted to the non-party company.

On January 11, 2012, the Plaintiff remitted KRW 50 million to the Deceased.

The Deceased died on October 19, 2013.

Defendant B is the deceased’s spouse, and Defendant CD is his children, and Defendant C is the registration of ownership transfer on the instant land on November 28, 2014 due to inheritance by consultation and division on October 19, 2013.