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(영문) 창원지방법원진주지원 2015.12.23 2015가합10571

대여금

Text

1. The Defendants shall jointly and severally pay to the Plaintiff KRW 328,066,410 and the interest rate thereon from December 24, 2015 to the date of full payment.

Reasons

1. Basic facts

A. On August 19, 198, the Plaintiff entered into the first sale contract of this case with respect to each of the instant real estate listed in the separate sheet list (hereinafter “each of the instant real estate”) between the Plaintiff and E (hereinafter “the first sale contract of this case”). The Plaintiff specified the purchase price of each of the instant real estate as KRW 283,60,000 and E and purchased it (hereinafter “the first sale contract of this case”).

After the conclusion of the contract, the Plaintiff paid KRW 283,60,000 for purchase price E. (2) The relationship between each of the instant real estate was farmland, and the Plaintiff could not complete the registration of ownership transfer in the name of the Plaintiff with respect to each of the instant real estate. As to each of the instant real estate, the registration of ownership transfer claim was completed in the name of the Plaintiff on the ground of trade promise as No. 1347, Feb. 19, 190 as to each of the instant real estate.

3) Meanwhile, at the time of the first sale contract of this case, the registration of ownership transfer was completed in F’s name as to each of the instant real estate was completed. However, on the ground that the Plaintiff died on December 28, 1998 when the Plaintiff had failed to complete the registration of ownership transfer in the name of the Plaintiff on the instant real estate for the same reason as the instant paragraph 2, F was dead. As to each of the instant real estate, the registration office of Changwon District Court (F’s heir No. 9598, Jun. 4, 2012) was completed in the name of G, E, H, I, J, J, and K, which was the heir of F on June 4, 2012.

B. The Plaintiff’s repayment on behalf of the Plaintiff. The Seoul Guarantee Insurance Co., Ltd., a creditor of E, etc., filed a lawsuit seeking revocation of provisional registration against the Plaintiff by Changwon District Court 201Na6247, and the said lawsuit became final and conclusive, such as the content that “the Plaintiff shall pay KRW 44,20,000 to the Seoul Guarantee Insurance Co., Ltd. until May 31, 2012,” and the Plaintiff paid the said KRW 44,20,000 to the Seoul Guarantee Insurance Co., Ltd., a creditor of E, on behalf of E.

C. Each of the instant real estates between the Plaintiff and Defendant B.