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Reasons
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(영문) 서울동부지방법원 2016.10.20 2016가합103024
차용금
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1. The Plaintiff, Defendant B, and Defendant C, respectively, KRW 82,857,14, and KRW 82,857,143 from April 30, 2016.

Reasons

1. Facts of recognition;

A. The relationship 1) The Plaintiff and the deceased E (hereinafter “the deceased”).

(2) The deceased died on January 30, 2016, and Defendant C and D, who are the wife of the deceased, were co-inheritors. F (Death on April 22, 1984) is the father and G (Death on May 8, 1970) of the Plaintiff and the deceased. (2) The deceased died on January 30, 2016. (3) Defendant C and D, who are the wife of the deceased, were co-inheritors.

B. On June 13, 2006, the deceased’s G real estate inheritance and disposition 1) H 92m2m2, H 992m2, I 446m2, J 932m2m2 (hereinafter collectively referred to as “instant real estate”).

On February 10, 1986, the registration of ownership transfer was completed in the name of the deceased on the ground of inheritance. 2) On June 7, 2006, the deceased sold the instant real estate to K (the sale price of KRW 592 million) and on June 20, 2006, the registration of ownership transfer was completed in the name of K on the ground of the sale.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, Eul evidence 1 (including each number; hereinafter the same shall apply), the purport of the whole pleadings

2. Issues and judgments

A. Determination 1 on the cause of the claim 1) The evidence cited prior to the existence of the lending agreement between the plaintiff and the deceased, as well as Gap evidence Nos. 3, 5, 7, 8, and Eul evidence Nos. 5, as well as Eul evidence Nos. 5, and as a result of this court’s fact-finding on the Korea Standards Bank for the Geum River Industries Co., Ltd. in this court, F’s heir was the plaintiff, the deceased, L, M, and N, but the ownership transfer registration on the instant real estate owned by F was completed due to inheritance in the name of G. The deceased sold the instant real estate in KRW 592 million on June 7, 2006, and sold the real estate in KRW 592 million on August 23, 2006 (hereinafter “the instant equipment”).

B purchased KRW 720,006,743, and one million per month from May 18, 2006 to January 4, 2016, the deceased purchased KRW 720,006,743.

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