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(영문) 서울중앙지방법원 2016.01.27 2015가합524720
대여금
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. Basic facts

A. The Plaintiff married with the network E, and had the network F, etc. as his child, and the network F was married with Defendant B, thereby having Defendant C and D as his child.

B. The registration of ownership transfer in the Plaintiff’s name was completed on August 26, 1963 with respect to Gangnam-gu Seoul and H on August 26, 1963, and around around 1998, the registration of ownership preservation in the Plaintiff’s name was completed since the buildings on the first and fourth floors were newly constructed on each of the above lands.

(F) Each of the above land and buildings on its ground shall be referred to as "the instant I Real Estate" in total.

On December 15, 1967, the registration of ownership transfer in the name of Dong E was completed with respect to Gangnam-gu Seoul J and K, and around 1996, the registration of ownership transfer in the name of Dong E was completed, each of the buildings of the first, third and upper underground on the above J land, the buildings of the third and upper underground on the above K land, and the buildings of the third and upper floors on the above K land was newly constructed and completed.

(F) Each of the above lands and buildings on each of the above ground shall be referred to as "the instant L," in total.

The Plaintiff sold the instant I real estate in KRW 2.9 billion to M and N on March 24, 201, and completed the registration of transfer of ownership in the name of M and N on March 30, 201.

E. On August 2, 2010, each registration of ownership transfer was completed in the name of the deceased F on the ground of testamentary gift on August 2, 2010, and on May 7, 2014, each registration of ownership transfer was completed in the name of the defendant B and C (each of 1/2 shares) on the ground of inheritance by agreement division.

[Ground of recognition] Unsatisfy, Gap evidence 1 to 9

2. The assertion and judgment

A. The Plaintiff did not return to the Plaintiff the remainder after the netF received the payment on behalf of the Plaintiff at the time of selling the instant I real estate, out of which the sum of the secured debt of each of the instant real estate set forth in the instant I, was repaid to the Plaintiff.

The Plaintiff and the netF agreed to lend the remainder of the proceeds from real estate sale to the networkF, and the loan is KRW 400 million.

Therefore, the Defendants, the co-inheritors of the networkF, are loans according to their respective inheritance shares.

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