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(영문) 광주지방법원 2018.02.06 2017가단508296
대여금 등
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. The plaintiff's assertion

A. On October 16, 2003, the Defendant and C purchased at KRW 70 million each of the instant real estate at KRW 329 square meters and KRW 4 square meters per E (hereinafter “each of the instant real estate”).

B. C recommended the Plaintiff to purchase 1/2 shares out of each of the instant real estate, and the Plaintiff paid 35 million won and 38 million won in total to C with respect to the land price for the said shares and 35 million won in landscaping.

C. As above, the Plaintiff was the de facto owner of the 1/2 share of each of the instant real estate. The Defendant did not register the ownership transfer under the joint name with respect to each of the instant real estate, and on December 13, 2005, sold each of the instant real estate to F alone without consultation with the Plaintiff at KRW 180 million.

The plaintiff knew of the above fact after 2008, and requested the defendant to pay KRW 90 million equivalent to the share of KRW 1/2 of the sales price of each real estate of this case, and the defendant paid only KRW 51 million of the sales price of this case to the plaintiff around April 2009.

E. Meanwhile, on April 13, 2009, the Defendant borrowed KRW 51 million from the Plaintiff regarding the capital increase of G Co., Ltd.

F. Therefore, the Defendant is obligated to pay to the Plaintiff the Plaintiff KRW 90 million, including the unpaid amount of KRW 39 million and the above borrowed amount of KRW 51 million, among the real estate sales proceeds of this case.

2. Each statement in Gap's evidence Nos. 2 and 4 alone is insufficient to acknowledge the above plaintiff's assertion, and there is no other evidence to acknowledge it.

Therefore, the plaintiff's claim of this case is dismissed as it is without merit, and it is so decided as per Disposition.

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