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(영문) 의정부지방법원 2019.05.22 2018가합50
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. The Plaintiff and the Defendant were living together in around 2000 with the Defendant, and had established an internal relationship. Around 201, the internal relationship was resolved.

B. On February 4, 2008, the Plaintiff issued a cashier’s check to the Defendant (hereinafter “instant 320 million won cashier’s check”) with the face value of KRW 320 million issued on February 4, 2008, the Plaintiff issued a cashier’s check to the Defendant.

(2) On February 5, 2008, the Plaintiff issued to the Defendant a cashier’s check of KRW 140 million (hereinafter “the instant cashier’s check”) at the face value of KRW 140 million (hereinafter “the instant cashier’s check”). The Plaintiff issued a cashier’s check of KRW 320 million and a check of KRW 320 million (hereinafter “each of the instant cashier’s checks”).

C. On November 28, 2007, the Defendant purchased E Apartment F (hereinafter “instant apartment”) from D on November 28, 2007, in the purchase price of KRW 330 million, and completed the registration of ownership transfer in the name of the Defendant on February 5, 2008.

Around April 2013, the Plaintiff filed a criminal complaint against the Defendant on the charge of embezzlement by asserting that “the instant apartment was trusted in title to the Defendant, and the Defendant sold it at will without the Plaintiff’s permission.” However, on September 16, 2013, the prosecutor issued a non-prosecution disposition (no suspicion due to insufficient evidence) against the Defendant on the ground that there was no evidence to acknowledge the title trust on the grounds that there was no evidence to acknowledge the title trust, and the Plaintiff filed a complaint against the appeal on October 28, 2013, the appeal was dismissed on the ground that the appeal was dismissed on October 28, 2013, and the application for adjudication filed by the Plaintiff (Seoul High Court 2013 Elementary District Court 492) was dismissed on January 14, 2014 (hereinafter referred to as “related criminal case”).

(2) The Plaintiff is a purchase fund that the Defendant received from the Plaintiff pursuant to the title trust agreement between the Plaintiff and the Defendant, under the name of the Defendant regarding the instant apartment.

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