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(영문) 서울고등법원 2017.04.20 2013나20160

양수금

Text

1.The judgment of the first instance, including modifications to claims in the trial, shall be modified as follows:

The plaintiff's defendants.

Reasons

1. Basic facts

A. On February 27, 1981, H and F reported a divorce on or around December 19, 197, but continued to maintain de facto marital relationship. I is H and F’s father, and the Plaintiff is a child of H’s elementary school, as a legally married couple, and the net G and net B was a legally married couple, and the Defendants were born under his/her chain. However, on February 1, 2010, G died of the deceased, and the deceased on December 26, 2014.

B. Around April 30, 2005, H and F (1) around April 30, 2005, H and F are buildings of the Suwon-gu, Suwon-si, K-si, 208 square meters and the two-story above ground owned by J (hereinafter “each of the instant real estates”).

A) The title trust agreement with the net G to purchase the name of the registration under the name of the net G (hereinafter “instant title trust agreement”).

After the conclusion of the instant title trust agreement, H and F completed the registration of ownership transfer under the name of the network G with respect to each of the instant real estate. (2) At the time of the conclusion of the instant title trust agreement, H and F demanded the network G to prepare and deliver a loan certificate in order to secure losses arising from the voluntary disposal of each of the instant real estate, and the network G on May 13, 2005 (hereinafter “the loan certificate of this case”) with the purport that “the net G borrowed 300 million won from F on April 30, 2005 as the due date for repayment of payment of 30 million won on May 30, 2015” (hereinafter “the loan certificate of this case”). A notary public obtained the certification as a law firm No. 861, 2005, and issued it to H and F.

3) Subsequent to the termination of the instant title trust agreement with the deceased on September 4, 2007, H and F lost the validity of the instant loan certificate made between F and the deceased on the instant real estate by completing the registration of ownership transfer in the name of F and the deceased on the instant real estate. (c) The deceased on February 1, 2010 by the deceased on the part of H and F, and the Plaintiff (hereinafter “Plaintiff, etc.”) H, F, and the Plaintiff (hereinafter “Plaintiff, etc.”) using the instant loan certificate to the effect that the deceased on February 1, 2010, H and the Defendants (hereinafter “Defendant, etc.”).