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(영문) 창원지방법원진주지원 2019.01.16 2018가단30395
소유권이전등기
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. There is no dispute over basic facts;

A. The Plaintiff and the Defendant were married de facto marital couple from August 2015.

B. On March 2016, the Plaintiff: (a) established a corporation that is a “D Co., Ltd.”; and (b) registered the Defendant as the representative director on April 19, 2016, in order to file an application for a building permit under the name of the Defendant on the land in the Republic of South-west, Nam-west; and (c) around May 2016, the Plaintiff completed construction upon obtaining the said building permit and completed almost the building stated in the purport of the claim (hereinafter “instant building”).

C. Around March 2017, de facto marital relationship between the Plaintiff and the Defendant was terminated.

On March 20, 2017, the Plaintiff and the Defendant drafted a notarial deed of a monetary loan contract for consumption (hereinafter “notarial deed of this case”) that contains the following contents by designating the obligee as the Defendant and the obligor as the Plaintiff as the Defendant and the obligee as the Plaintiff under the law firm E-notarial deed No. 140, 2017:

On March 20, 2017, the creditor of Article 1 (Purpose) lent a loan to the debtor of the amount of daily KRW 160,000 (Won 160,000,000) and the debtor borrowed it.

Article 2 (Period and Method of Payment) Interest of Article III (Interest) on January 1, 2018 shall be the rate of 7.5% per annum from July 1, 2017 to the end of each month.

2. The parties' assertion

A. The Plaintiff’s assertion that the instant building did not have been sold more easily than the Defendant’s idea, and the Defendant did not settle and communicate with the monetary issues without any settlement. Of February 2017, the Plaintiff left the Defendant through the Defendant’s friendship F.

At that time, four persons, including the plaintiff, the defendant, the above F, and the husband of the above F, who met and settle accounts at the above F's house. The plaintiff's 170 million won from the above F, the plaintiff's 170 million won in small amount borrowed from the defendant, the plaintiff's 180 million won in small amount, the defendant's living with the plaintiff, and the defendant's 20 million won in total for the construction work for a few months, shall be paid to the defendant, on behalf of the defendant, a total of 20 million won in total.

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