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(영문) 광주지방법원 2015.07.15 2014가단36998
배당이의
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. The following facts do not conflict between the parties, or may be acknowledged by taking into account the following facts: Gap evidence Nos. 1, 2, and 4; Eul evidence Nos. 3-1 through 4; Eul evidence Nos. 1, 5, 7; Eul evidence Nos. 2 and 6; Eul evidence Nos. 3-1 through 10; Eul evidence Nos. 4-1, 2, and Eul evidence Nos. 8-1 through 3; and the whole purport of arguments and arguments:

On January 24, 2007, the Plaintiff, the Defendant, and C agreed to pay each of the remaining KRW 132,020,000 on March 15, 2007, the remainder payment of KRW 150,000 on the same day, and the remainder payment of KRW 150,00,000 on the same day, and the remainder payment of KRW 132,020,000 on March 15, 2007.

B. Around January 24, 2007, the Plaintiff paid KRW 50,000,000,000 for the instant purchase price to D, and on January 24, 2007, the Defendant paid KRW 75,000,000 for intermediate payment by transferring from each account under the name of the Defendant and the Defendant’s mother to D’s account on January 24, 2007, and KRW 20,000 for cash around that time, and KRW 50,00,000 for payment by transferring from the account under the name of the spouse to D’s account.

C. Around that time, the Plaintiff, the Defendant, and C trusted the instant land to H, the birth of the Plaintiff.

H on March 12, 2007, borrowed KRW 170,000,00 from the Korea Community Credit Cooperatives (hereinafter “instant loan”), and on March 14, 2007, completed on March 14, 2007, the registration of the establishment of a mortgage and the creation of a superficies with respect to the instant land respectively to the said community Credit Cooperatives.

On March 14, 2007, the Plaintiff, Defendant, and C paid the balance of the purchase price of this case to D with the above loans.

E. H completed the registration of ownership transfer of the instant land on April 4, 2007.

F. Meanwhile, the Plaintiff was above.

The down payment, as described in the subsection, was borne by I, but the Plaintiff returned part of the money received to I, and let H, the birthee, on August 6, 2008.

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