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(영문) 부산지방법원 2018.03.13 2016가단37729
대여금
Text

1. As to KRW 110,700,000 among the Plaintiff and KRW 47,00,000 among them, the Defendant’s month from August 1, 2006 to November 27, 2017.

Reasons

Basic Facts

The plaintiff is the creditor of the defendant, and C is his/her father and wife, and D are children of the plaintiff.

On September 17, 1999, the Plaintiff leased the F apartment No. 102-dong 601 (hereinafter “instant apartment”) from the deceased E (the deceased on January 20, 2002, hereinafter “the deceased”) and resided in the instant apartment from around that time.

On November 3, 200, the Deceased completed the registration of creation of a neighboring life insurance company for the instant apartment on the maximum debt amount of KRW 52,000,000,000 with respect to the instant apartment, and thereafter lent KRW 40,000,000 to the Defendant around that time with the amount loaned from the said company.

The deceased died on January 20, 2002, and the registration of ownership transfer was completed on April 12, 2002 in the name of G, H and I on April 12, 2002 with respect to each one-third share of the apartment of this case.

On the other hand, G and H donated each of the above shares to J on April 10, 2002, and on April 12, 2002, G and H completed the registration of transfer of ownership in the name of J company with respect to 2/3 shares of the instant apartment.

1. I shall receive KRW 26,00,000 from the Plaintiff, and simultaneously implement the procedure for ownership transfer registration for one-third of the instant apartment units on April 22, 2004 with respect to one-third of the instant apartment units.

2. J Co., Ltd. shall implement the registration procedure for ownership transfer on April 22, 2004 with respect to the share of 2/3 of the instant apartment among the instant apartment units to the Plaintiff.

3. The plaintiff shall pay I the money of Paragraph 1 above until June 30, 2004.

When the plaintiff imposes the above time limit, the plaintiff shall pay 10% interest per annum to I in addition to the above time limit from July 1, 2004 to the date of full payment.

4. The plaintiff's responsibility is the responsibility for the right to collateral security against the person holding the right to collateral security established on the apartment of this case.

The Plaintiff filed a lawsuit against I and J company seeking the return of KRW 70,000,000 in total amount of the deposit money for the instant apartment as the court-based 2003da22932, and on April 22, 2004.

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