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(영문) 대전지방법원 2019.04.17 2018가단221819

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 is the defendant's South-win.

B. The Plaintiff and the Defendant decided to jointly invest and purchase the land E (hereinafter “instant land”) at the time of Jinjin-si’s recommendation by the Defendant’s father’s father.

C. On October 26, 2016, the Plaintiff remitted each of the KRW 20 million to the Defendant as purchase price, KRW 15 million as purchase price on November 10, 2016, and KRW 1730,000 as acquisition tax on February 3, 2017.

The Defendant entered into a sales contract with F Co., Ltd. on February 3, 2017 on 293/359 of shares in the instant land, and completed the registration of ownership transfer in the name of the Defendant on February 14, 2017.

(On the other hand, the defendant's fraud G also completed the registration of ownership transfer on February 14, 2017 relating to shares 66/359 shares of the land of this case). [Grounds for recognition] The fact that there is no dispute, each entry in the evidence 2 and 3, and the purport of the whole pleadings.

2. Determination as to the cause of action

A. 1) The Plaintiff’s assertion 1) The Plaintiff and the Defendant agreed to jointly purchase the instant land and register it under the name of the Defendant solely in violation of the agreement, but the Defendant completed the registration in the name of the Defendant, in violation of the agreement. Although the Plaintiff requested several joint names, the Defendant rejected the Plaintiff’s request. As the Plaintiff notified that the joint purchase agreement would be rescinded due to the Defendant’s nonperformance on August 27, 2018, the Defendant is obligated to return the money that the Plaintiff paid to the Defendant due to restitution to its original state. 2) The Defendant’s assertion that the Plaintiff and the Defendant jointly invest together with 1/2, and the Plaintiff agreed to submit necessary documents before the registration, but the Plaintiff requested the Plaintiff

If requested by the defendant, the plaintiff is willing to transfer 1/2 shares at any time, but the plaintiff refuses it.

B. The health unit and the evidence No. 4 of the judgment of the court below are as follows: (a) whether the land of this case was jointly purchased and agreed to register under the joint names.