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(영문) 울산지방법원 2016.02.12 2014가단31744
대여금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On March 191, 1991, the Defendant had prepared a cash storage certificate of KRW 120,000 to the Plaintiff, with the intention to newly construct a building and sell it in the land located within the Changwon-si District C, and borrowed the required funds from the Plaintiff.

B. Since then, the defendant on October 31, 1991 "the plaintiff on October 31, 1991."

3. From May 1 to October 31, 100, a certificate of borrowing was drawn up and issued with the purport that “the total amount of KRW 181,50 million was borrowed.” (C) Even thereafter, the Defendant stated the word “the total amount of KRW 181,50 million” at the bottom of the certificate of borrowing KRW 181,50,000 as of July 7, 1994.

On the other hand, on March 20, 1995, the plaintiff and the defendant are "the forest of this case" not exceeding 113mm2 of the Seo-gu Incheon Metropolitan City D Forest.

each 1/2 of the same year shall be purchased jointly, and the same year shall

4. 24. The registration of ownership transfer shall be completed.

E. At the time, on April 9, 1995, the Defendant prepared a written confirmation to the Plaintiff that “The instant forest is located in the name of the Plaintiff and the Defendant, but the actual ownership is recognized to the Plaintiff.”

F. After that, the Plaintiff and the Defendant sold the instant forest to E on July 18, 2003, and completed the registration of ownership transfer following the following day.

G. On the other hand, on July 25, 2003, the Plaintiff filed an application for provisional seizure of real estate with the Changwon District Court 2003Kadan13680 as to the Defendant’s share in the F 104/18440 square meters in Changwon-si, Changwon-si, Changwon-si, Seoul, with the Defendant as the obligor and the claimed amount of KRW 75 million, and the registration of provisional seizure was completed on the 31st of the same month after the application was accepted by the above court on July 28, 2003.

[Ground of recognition] Facts without dispute, Gap evidence 1 to 3 (including each number, hereinafter the same shall apply), Eul evidence 1 to 5, the purport of the whole pleadings

2. The assertion and judgment

A. The plaintiff's assertion (1) by October 31, 1991, lent KRW 181.5 million to the defendant by October 31, 1991, and was not paid KRW 75 million among them, so the principal and the copy of the complaint of this case shall be served.

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