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(영문) 대구지방법원서부지원 2017.10.18 2017가단4953
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 is referred to C, the former husband of the defendant.

B. The Defendant married with C on June 13, 1997, and the two were married with D during the marriage period, and the two were purchased from D, a building company, from D, the building company, to build a new building on that ground, but D agreed to construct a new building on that ground.

Accordingly, D completed the registration of ownership transfer on March 2, 2012 after completing the registration of ownership transfer on the above building in its name on March 2, 2012, after receiving payment for construction price from the Defendant and C, and completed the registration of ownership transfer on the above land and building on March 7, 2012 under the name of the Defendant and C on March 7, 2012.

(hereinafter referred to as “instant real estate” collectively, and where only the instant building is referred to as “the instant building”

C. Meanwhile, on October 26, 201, the Plaintiff remitted KRW 20 million to C’s account as the expenses for new construction of the instant building, and transferred KRW 90 million to D’s account as the construction business entity of the instant building on November 21, 201 and December 20, 201, the Plaintiff paid KRW 110 million in total (= KRW 20 million) by remitting KRW 90 million to D’s account as the construction business entity of the said building. From April 201 to September 2014, 2012, C and the Defendant transferred KRW 460,000 per month from the Defendant’s account to the Plaintiff’s account by automatic transfer.

On October 22, 2014, the Defendant filed a lawsuit of divorce and division of property against C as the Daegu Family Court Decision 2014Ddan104959 on October 22, 2014, and the Plaintiff filed a lawsuit of divorce and division of property, etc., and on December 23, 2014, the Plaintiff asserted that the Plaintiff was a claim against C and D’s loan of KRW 15 million out of the amount paid to C and D’s account as stated in the foregoing paragraph (c) as a debt against the Defendant, and the Defendant filed an application of provisional attachment on the instant real estate as the preserved right. On December 24, 2014, the court accepted the Plaintiff’s application and rendered a provisional attachment order on the said real estate.

E. C is the subject building of this case in the course of litigation, such as divorce described in the above Paragraph D.

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