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(영문) 창원지방법원 2018.11.08 2017나61710
대여금
Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

Reasons

Basic Facts

On July 8, 1995, the NetworkF sold to the Plaintiff and G the 1/4 share of each of the KRW 79,550,000,000,000 for the loan claim (30,000,000 won for the down payment, interest rate on January 11, 1996, interest rate on January 11, 1996, and January 7, 1995) from Sung-gu, Sung-gu, Sung-gu, Busan (hereinafter “the land before the instant partition”). After the split-off, G sold the 379,00,000 cubic meters of the land at KRW 79,00,000,000,000,000 to the netF on August 8, 1995.

(2) On July 8, 1995, the Plaintiff filed a lawsuit with the Changwon District Court 2005Da3133 regarding the portion of the land before the instant partition against the deceased F, seeking the implementation of the procedure for ownership transfer registration on the ground of sale and purchase on July 8, 1995 (hereinafter referred to as the “sub-claim”). The Plaintiff simultaneously performed on January 19, 206 with the net F and January 27, 2006, and the Plaintiff paid KRW 20 million to the deceased F, and the deceased F shall implement the procedure for ownership transfer registration on the part of the instant land before the instant partition to the Plaintiff.

‘Adjustment' has been concluded with the content thereof.

On April 29, 2014, the networkF died after having left Defendant B, Defendant C, D, and E, the wife as bereaved family members.

【Ground of recognition” without any dispute, the Plaintiff asserted that the Plaintiff agreed to pay interest calculated at the rate of 2% per month to the Plaintiff on August 8, 1995, on the remainder of 49.5 million won under the instant sales contract, on May 10, 2007, with respect to the remainder of 1/4 of the land before the instant partition, excluding the instant land. In short, on May 10, 2007, the Plaintiff paid the remainder of 49.5 million won to the Plaintiff by April 17, 2017, and by that time, payment of interest calculated at the rate of 2% per month.

The following facts do not conflict between the parties, or are Nos. 3, 11.

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