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(영문) 부산지방법원 2020.09.18 2019나63836
대여금
Text

The part against the plaintiff falling under the amount ordered to be paid under the judgment of the first instance shall be revoked.

The defendant.

Reasons

1. Basic facts

A. On December 4, 2006, the defendant and the defendant joining the defendant had two children under the chain of marriage.

The plaintiff is the mother of the defendant.

B. On February 14, 2014, the Defendant and the Intervenor purchased 377,000,000,000 won for D apartment E (hereinafter “instant apartment E”) in Busan Shipping Daegu, Busan, and completed the registration of ownership transfer as to each of their shares on March 18, 2014, and resided in the said apartment.

C. On June 28, 2016, the Intervenor joining the Defendant filed a lawsuit against the Defendant for divorce, etc. (Supplementary Family Court 2016ddan206167), and on November 18, 2016, instead of the Defendant’s promise to transfer the shares owned by the Defendant among the instant apartment No. 1, the Intervenor joining the Defendant was adjusted to withdraw the said lawsuit.

The Intervenor joining the Defendant leased from F on January 20, 2017, Busan Shipping Daegu G Apartment H (hereinafter “instant apartment”) for the lease deposit of KRW 380,000,000,000, monthly rent of KRW 900,000,000, and from February 17, 2017 to February 16, 2019.

The Intervenor joining the Defendant transferred his domicile to each of the above apartment units on February 17, 2017, and the Defendant transferred his domicile to each of the above apartment units on May 30, 2017.

E. On May 15, 2017, the Defendant and the Intervenor entered into a lease agreement with I as to the instant apartment Nos. 360,000,000 won for the deposit money for lease on a deposit basis, and the period from June 14, 2017 to June 13, 2019. On June 14, 2017, the Defendant and the Defendant entered into a lease agreement with I as to the instant apartment No. 1, and completed the registration of the establishment of a lease on a deposit basis with I.

F. On November 23, 2017, the Intervenor brought a lawsuit against the Defendant for divorce, etc. (the Busan Family Court 2017Dhap202541), and on May 30, 2018, the following conciliation was established:

(hereinafter “instant conciliation”). 1. The Intervenor joining the Defendant and the Defendant are divorced.

2.(a)

The defendant.

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