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(영문) 수원지방법원 2017.02.09 2015가합2839
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. The Plaintiff and the Defendant became aware of the parents of children who are not different in the same school, and the Plaintiff transferred a total of KRW 200 million to the Defendant’s account from October 11, 2007 to November 7, 2007.

B. On October 11, 2007, the Defendant: (a) prepared a real estate sales contract stating that the Defendant wishes to purchase the Daejeon Sung-gu F land (hereinafter “instant land”) with D, E, and D and E purchase price of KRW 2.7 billion; and (b) paid KRW 270 million to D as the down payment under the said contract.

C. G completed the registration of ownership transfer with respect to the instant land, and the Defendant was determined against G to make a provisional disposition against G, the right to claim the cancellation of the registration of ownership transfer with respect to the instant real estate as the preserved right, as the Busan District Court Branch Decision 2009Kahap742.

On September 16, 2009, the Defendant drafted a “written agreement on the termination of provisional disposition” containing the content that the Defendant received the documents on the termination of provisional disposition from the above court by September 17, 2009 and that G would pay KRW 500 million to the Defendant for the termination of provisional disposition.

E. On November 3, 2009, the Plaintiff and the Defendant drafted a contract for transfer and takeover, including that “as to the return of the investment amount between the Plaintiff and the Defendant, the Defendant shall transfer to the Plaintiff the right to 1/2 of the sales agency right of the instant building granted by G, 250 million won out of the claim KRW 500 million owed by the Defendant against the garnishee G, and the Defendant’s right to 1/2 of the sales agency right of the instant building granted by G.”

F. G was sentenced to a conviction of two years and six months for a crime committed by fraud that was committed by “a person deceiving the Defendant even though he did not have any intent or ability to issue a trust beneficiary certificate of KRW 500 million or KRW 500 million to secure the agreed amount,” which was sentenced to a conviction of two years and six months for a crime of fraud.

[Reasons for Recognition] Unsatisfy, A 1,3.

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