(영문) 춘천지방법원강릉지원 2015.11.17 2015나684

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(영문) 춘천지방법원강릉지원 2015.11.17 2015나684

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1. Revocation of a judgment of the first instance;

2. The plaintiff's claims against the defendants are all dismissed.

3. The total cost of the lawsuit.

Reasons

1. Basic facts

A. The Plaintiff, along with the network D (hereinafter referred to as “the network”), liveded with ice, and resided in Y in Gangnam-si.

B. The Deceased died around June 17, 2014.

C. After August 13, 2014, Defendant B, as the deceased’s child, was the inheritor, completed the registration of transfer of ownership based on inheritance by consultation and division on June 17, 2014, as to the real estate listed in the separate sheet Nos. 1, 2, and 3 (hereinafter “E real estate”). As to the real estate owned by the deceased, Defendant C, as the spouse of the deceased, is the spouse of another heir, as to the real estate listed in the separate sheet Nos. 3 (hereinafter “F real estate”).

[Ground of recognition] Facts without dispute, Gap evidence 2-1 to 3, Eul evidence 1, the purport of the whole pleadings

2. The parties' assertion

A. The Plaintiff asserted that the Plaintiff lent KRW 40 million to the Deceased by October 27, 2008 (hereinafter “the borrowed money as of October 27, 2008”); G loaned KRW 33 million to the Deceased on January 15, 2010; KRW 35 million on March 8, 201; and KRW 32 million on June 22, 2012 (hereinafter “the borrowed money”); “the borrowed money as of March 8, 2011”; and “the borrowed money as of June 22, 2012”; and “the borrowed money as of June 22, 201,” and “the borrowed money as of June 22, 201,” and “the Plaintiff and the Deceased did not receive the borrowed money.”

Accordingly, on June 22, 2012, G lent KRW 32 million to the Deceased as above, and if the Plaintiff, the Deceased, and G agreed upon both, and the Deceased fails to repay the respective loans of this case to the Plaintiff by the end of December 2013, it entered into an accord and satisfaction agreement to transfer the E real estate and F real estate rights to the Plaintiff, and the Plaintiff was issued with the cash custody certificate (a evidence No. 1; hereinafter “the cash custody certificate of this case”) stating the above contents of the agreement from the Deceased and on which the deceased’s seal imprint affixed, and the deceased’s seal impression was affixed.

However, the Deceased did not repay each of the instant loans until December 31, 2013.

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