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(영문) 광주지방법원 2017.08.11 2016가단531893
손해배상(기)
Text

1. The Plaintiff, Defendant B, Defendant C, jointly with Defendant B, KRW 15,000,00,000, and Defendant D.

Reasons

1. Facts of recognition;

A. The registration of ownership transfer was completed on December 15, 2006 with respect to the real estate listed in the separate sheet on Defendant B’s acquisition of real estate and creation of loan (hereinafter “the apartment of this case”), and the registration of establishment of ownership transfer with respect to the apartment of this case was completed on the same day by receiving a loan from the Gwangju Bank Co., Ltd. (hereinafter “Gwanju Bank”), and the registration of establishment of a neighboring mortgage with respect to the apartment of this case was completed.

B. Defendant D’s relationship 1) is the father of Defendant B’s child, and Defendant D filed a move-in report with Defendant D on April 5, 2007, “F apartment 109 Dong-dong 1006, 1006, Defendant C, who had been known with Defendant B, was a person who had received money through Defendant B and the account. Defendant C registered the livestock industry on January 31, 2008, with the place of business name “G” and “Y in the Jeonnam-gun Ha-gun, the seat of the place of business on June 17, 2008,” and Defendant B filed a move-in report with “I” and “Seoul-Gu J1-dong, Gwangju-dong, the seat of the business office on June 19, 2008.”

3) On June 25, 2008, the move-in report of Defendant D was made on the instant apartment on June 25, 2008. 4) A total of KRW 30 million was deposited in the account of Defendant C in the account of Nonparty M on July 7, 2008 (the balance of the account before the transaction -9,940,100), and the said KRW 30 million was fully transferred to Defendant B’s account on the same day. As to the instant apartment, the registration date was completed on July 8, 2008, with the grounds for registration on July 8, 2008, the “contract on July 7, 2008”, the “Defendant C ( Address: Minebuk-gu, 109,1006”, the debtor, Defendant B, and the maximum debt amount of KRW 30 million.

However, the above non-party M's KRW 30 million deposited to Defendant C was the father of Defendant B.

5. The above 30 million won deposited into Defendant B’s account as above on July 8, 2008, which was the following day, Defendant D’s account of KRW 20 million, and the following day on July 9, 2008.

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