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(영문) 부산지방법원 2014.12.18 2014가합46528
대여금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The plaintiff and the defendant are father-child relationships.

B. On January 27, 2003, the Defendant purchased 959% of 33,070 square meters (hereinafter “instant land”) in Busan-gu, Busan-gu, Busan-do, and completed the registration of ownership transfer on January 29, 2003. On May 29, 2003, the Defendant purchased 3211% of the remainder of 33,070 out of the above land and completed the registration of ownership transfer on June 26, 2003, thereby becoming a sole ownership of the Defendant.

C. The plaintiff and the defendant have received loans from financial institutions as follows.

1) On June 26, 2003, the Defendant provided the Plaintiff’s sole possession of the instant land and the instant parking lot site to the Busan Central Saemaul Depository, which constituted the Plaintiff’s parking lot site together with the instant land, as joint collateral, and borrowed KRW 500 million from the Busan Busan Central Saemaul Depository. (2) On February 20, 2006, the Plaintiff and the Defendant owned real estate owned by the Plaintiff, including the Plaintiff, who formed the instant land and the instant parking lot site together with the said land, to the National Agricultural Cooperative Federation, and owned real estate owned by the Plaintiff and other third parties, such as the Plaintiff, who owned the instant land and the instant parking lot.

The Plaintiff provided as joint collateral and the National Agricultural Cooperative Federation borrowed KRW 300 million, and the Defendant borrowed KRW 500 million from the National Agricultural Cooperative Federation. On the same day, the Defendant repaid a loan of KRW 500 million to the Korea Central Saemaul Cooperative Federation. 3) On February 21, 201, the Plaintiff provided real estate owned by the Plaintiff, etc. as joint collateral and repaid the loans of KRW 1 billion from Seosan Agricultural Cooperative Co., Ltd. on the same day.

On April 2, 2014, the Defendant notified the Seosan Agricultural Cooperative that it did not intend to continue to provide the instant land as security for the extension of the lending period.

[Ground of Recognition: A without dispute, entry of Gap 1 through 7 (if there are serial numbers, entry of each number including branch numbers, the Central Saemaul Fund of 1,000.).

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