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(영문) 전주지방법원정읍지원 2014.09.04 2013가단4430
대여금 등
Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. Determination as to the cause of claim

A. The Plaintiff’s summary of the Plaintiff’s assertion: (a) around the end of 2012, the Plaintiff and the Defendants concluded a sales contract of KRW 95,000,00 with respect to the purchase price of KRW 7343 square meters (hereinafter “the instant real estate”) owned by the Defendants as the Plaintiff’s mother; and (b) KRW 50,000,000 for the Plaintiff’s loan to the Defendants; (c) in violation of the said sales contract, the Defendants disposed of the instant real estate to Nonparty F and cancelled the said sales contract due to the Defendants’ cause attributable to the Defendants; (d) the Defendants were liable to return KRW 50,000,000 for the total amount of KRW 20,000 for the penalty and KRW 70,000 for the penalty and KRW 20,000 for the penalty and KRW 70,000 for the Plaintiff’s loan to the Defendants.

B. In full view of the purport of the entire pleadings in Gap evidence Nos. 5 and 8 (including additional numbers), the following facts are acknowledged: (a) the mother of the Defendants indicated the terms of the sales contract in the same letter as the Plaintiff; and (b) the sales contract with the name and seal affixed by the Defendants and the name and seal affixed by the Defendants, or the name of the Defendants are not indicated in the name and seal affixed thereto; (c) the registration statement of real estate transaction with the Defendants’ name and seal affixed without any indication of the contents; and (d) the registration statement of real estate transaction with the Defendants’ respective resident registration cards and certified copies of

However, there is no evidence to deem that D was delegated by the Defendants in relation to the above sales contract, or that the Defendants delegated all the terms and conditions of the sales contract to D or the Plaintiff, and the sales contract (Evidence A5) itself submitted by the Plaintiff does not contain any indication that the contract deposit, such as the purchase price or the payment date, is substituted by the repayment of the existing loan, and in particular, it is submitted by the Plaintiff.

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