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(영문) 청주지방법원 2016.09.08 2015가합1311
대여금
Text

1. Defendant C and Defendant D shall be limited to KRW 86,66,66 respectively to the Plaintiffs within the scope of property inherited from the network F.

Reasons

1. Determination as to the occurrence of loan claims

A. The gist of the parties’ assertion argues that the Plaintiffs lent KRW 520,000,00 to Nonparty deceased F (hereinafter “the deceased”), and that Defendant C and Defendant D sought the repayment of the loan against the Defendants, the deceased’s heir. In addition, it is unclear whether or not the Plaintiffs actually lent money to the deceased on the ground that the Plaintiffs did not submit financial transaction details regarding the source or source of the loan, and even if the Plaintiffs submitted as evidence, it is unclear whether or not the Plaintiffs actually lent money to the deceased.

Even if the deceased is divorced with the non-party G, it is merely a pre-convened act with the plaintiffs for the purpose of reducing the property subject to the division of property in the course of divorce, and it is so argued that the plaintiffs' claim cannot be complied with.

B. Factual basis 1) The provisional registration of the right to claim for the transfer of ownership was completed on March 23, 201 with respect to real estate, including the area of 116 square meters, which is owned by the deceased, on March 23, 2011. 2) “The deceased borrowed KRW 520,000,000 from the plaintiffs and made a provisional registration based on the promise to sell and purchase the real estate owned by the deceased as security, and on the condition that the registration was cancelled, the letter of performance of the obligation (No. 1) was prepared on April 17, 2013 in the name of the deceased, and in fact, the provisional registration of the right to claim for the transfer of ownership was cancelled on April 18, 2013, on the day following the date on which the fulfillment of the obligation was completed.

[Reasons for Recognition] Defendant C, D: Evidence Nos. 1 through 3, Defendant E to the purport of the entire pleadings: Article 208(3)2 of the Civil Procedure Act (self-consceptation)

C. All the circumstances known in the facts acknowledged as 1 above and the following seals of the deceased’s name based on the result of the appraiser I’s appraisal are the deceased’s.

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