(영문) 서울서부지방법원 2019.06.27 2018가단12998

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(영문) 서울서부지방법원 2019.06.27 2018가단12998

대여금반환

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1. The plaintiff (appointed)'s claim is dismissed.

2. The costs of lawsuit shall be borne by the plaintiff (appointed party).

Reasons

1. Basic facts

A. A. Around December 26, 2005, F entered into a sales contract with the Defendant for the introduction of G around December 26, 2005, to sell five parcels, other than 1669m2, Gangnam-gun, Suwon-gun, Suwon-gun, and KRW 7.5 million (hereinafter “instant real estate”), and on December 27, 2005, F completed the registration of ownership transfer for the instant real estate, based on sale.

B. On the other hand, on the other hand, on December 20, 2005, F prepared a loan certificate of December 20, 2005 (a evidence No. 1-1, hereinafter “the loan certificate of this case”) stating that “40,000,000 won is regularly borrowed and settled at the rate of five percent per month interest by June 30, 2006.”

C. F on November 8, 2006, based on the loan certificate of this case, was issued a provisional attachment decision of KRW 40,000,000 with respect to the real estate of this case as Seoul Western District Court 2006Kadan11014 (hereinafter “the provisional attachment order of this case”), and on November 13, 2006, the entry registration of the provisional attachment order was completed.

On December 7, 2016, F deceased on December 7, 2016, the plaintiff (appointed party, hereinafter referred to as the plaintiff) A and the selected party E inherited their property.

[Ground of recognition] Facts without dispute, Gap evidence 1-1 and 2, and the purport of the whole pleadings

2. The parties’ assertion

A. The Plaintiff netF sold the instant real estate at KRW 75,00,000 to the Defendant, and paid the down payment of KRW 40,000,000,000, but it did not receive the remainder of KRW 35,000,000, and it did not receive the said money in addition to the monthly interest of KRW 1,50,000. Thus, the Defendant must pay the Plaintiff and the designated parties, who are the heir of the networkF, with the remainder of KRW 35,00,00,000.

B. The Defendant is not liable for the net F, since the Defendant received the registration of ownership transfer by paying the purchase price of the instant real estate in full.

The instant loan certificate was drawn up in the name of the Defendant without authority by G from the networkF around that time.

유사 판례

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