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(영문) 인천지방법원부천지원 2016.11.30 2015가단114076
대여금
Text

1. All of the plaintiff's claims are dismissed.

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

Reasons

1. Basic facts

A. From January 2007, the Plaintiff had discussed about the sales contract with F several times in order to enter into a sales contract for the land of 11 lots, including G land, in Yangyang-si, which was F ownership, and finally, on March 3, 2009, the Plaintiff entered into a contract with F to purchase the said land from F for KRW 6,868,00,000, and paid the purchase price on September 29, 2009 to F.

B. However, H filed a lawsuit against F on August 20, 2010 for the registration of ownership transfer with respect to a share of 70/235 square meters out of 182 square meters in Nam-si, Nam-si, I, one parcel of the said land (U.S. District Court 2010Gahap12744), and F reconciliationed to complete the registration of ownership transfer with respect to H and the said share on May 12, 201.

C. On August 11, 2011, the Plaintiff entered into an agreement with F and F to the effect that “In the event F acquire the ownership of the said share and not transfer it to the Plaintiff, the Plaintiff purchased it through consultation with the owner of the said share and the cost to be borne by F.”

F did not acquire the ownership of the above share, and on September 23, 201, the Plaintiff paid the purchase price of KRW 420,000 to J and K, the owner of the above share, and purchased the said share.

E. On April 2, 2012, the Plaintiff filed a lawsuit against F for the claim for damages against F (Korean Government District Court 2012Gahap4944), and the above court rendered a judgment that “F shall pay to the Plaintiff 420 million won, 5% per annum from October 7, 2011 to October 26, 2012, and 20% per annum from the following day to the date of full payment.” The above judgment became final and conclusive around that time.

F. Defendant A, Defendant C, and Defendant D are F’s children, and Defendant B is the spouse of Defendant A, and Defendant E is the spouse of Defendant D.

G. F and the Defendants, on November 26, 2009, set forth in the following table, 7 commercial loans for non-commercial buildings M (hereinafter “M”) in Namyang-si, Namyang-si.

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