logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
Text
Reasons
텍스트 조절
arrow
arrow
(영문) 창원지방법원진주지원 2019.10.16 2019가단2212
보관금반환
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Facts of recognition;

A. The plaintiff and the defendant are the mother of the plaintiff and the defendant.

B. On December 3, 2004, the Plaintiff completed the registration of ownership transfer on the land and building D (hereinafter “instant land” and “instant building”) on October 15, 2004 on the ground of sale and purchase on December 3, 2004. During that process, C borrowed KRW 100 million to the Defendant and the Defendant as purchase fund. On December 6, 2004, in order to secure the return of the said land and building, C borrowed KRW 50 million to secure the right to collateral security, and completed on February 25, 2009, each registration of ownership transfer (hereinafter “registration of creation of each of the instant neighboring buildings”) with the Defendant as collateral and the maximum debt amount of KRW 50 million.

C. The registration of alteration was completed on October 27, 2010, changing the maximum debt amount to KRW 20 million with respect to the registration of creation of a neighboring mortgage in the name of the Defendant, and the registration of establishment of a neighboring mortgage in the instant case was revoked on November 3, 2010.

Around 2012, the Plaintiff borrowed KRW 30 million from the Defendant in consultation with her husband, and around 2016, the Plaintiff borrowed KRW 30 million in total as the deposit money for the lease of the third floor of the E-ground building in Jinju-si, Seoul, and KRW 30 million in total as the deposit money for the beauty room operated by the Plaintiff.

E. From May 5, 2014 to December 28, 2014, the Plaintiff wired KRW 11.2 million to the Defendant on seven occasions, and the Defendant, on June 27, 2016, remitted KRW 18 million to the Plaintiff on September 30, 2016, and again, the Plaintiff wired KRW 80 million to the Defendant on September 30, 2016 (hereinafter “instant remittance”).

F. On April 16, 2018, the Plaintiff sent to the Defendant a content-certified mail stating that “The Plaintiff stored KRW 80 million with the instant remittance, so that it could have been returned.”

G. Meanwhile, the Plaintiff would pay the Defendant a loan of KRW 145 million after selling the house and beauty room.

arrow