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(영문) 울산지방법원 2021.02.26 2020가단111153
대여금
Text

The plaintiff's claim is dismissed.

Litigation costs shall be borne by the plaintiff.

Reasons

1. Facts of recognition;

A. The Plaintiff has completed and lived with C, the Defendant’s child, and C died on August 2019 (hereinafter “C”). B. On July 18, 2007, the Defendant purchased from D the Ulsanbuk-gu E apartment housing F (hereinafter “Ulsan apartment”) and completed the registration of transfer of ownership. Of the purchase price, the KRW 60 million was transferred from the deceased’s account to D on July 3, 2007.

(c)

On April 20, 201, the Defendant sold the Ulsan apartment on April 20, 201, and purchased the Busan Dongdong-gu G apartment H (hereinafter “ Busan apartment”) and lived in Busan apartment on the same day, and sold the Busan apartment on April 3, 202.

(d)

On August 17, 2011, in order to secure the money borrowed from I and J, children of I and J, the defendant registered the establishment of the right to collateral security, which means 32 million won of the maximum amount of claims, with I as the person with the right to collateral security in Busan apartment, and registered the establishment of the right to collateral security, which means 20 million won of the maximum amount of claims, with J as the person with the right to collateral security, to each I and J.

When selling Busan apartment, the defendant repaid the loans to I and J, and cancelled the registration of establishment of each right to collateral security on April 3, 2020.

[Ground of recognition] Unsatisfy, Gap evidence Nos. 1 through 4, witness I's testimony, the purport of the whole pleadings

2. The allegations by the parties and the determination thereof

A. On July 3, 2007, the Plaintiff transferred 60 million won out of the purchase price of Ulsan apartment to the account of the seller from the deceased’s account to the account of the seller.

At the time, the defendant agreed to pay the above borrowed money when selling the Ulsan apartment, and then agreed to pay the borrowed money when selling the Ulsan apartment and selling the Busan apartment at the time of selling the Busan apartment.

Since the defendant sold Busan apartment on April 3, 2020, he is obligated to pay the plaintiff the above loan amount of KRW 60 million and the delayed damages.

2) The Defendant Deceased.

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