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(영문) 광주고등법원 (전주) 2018.03.08 2016나634
대여금
Text

1. Both the Plaintiff B’s appeal and the Plaintiff’s appeal as to the claim that was changed to the second preliminary claim in this court.

Reasons

1. Basic facts

A. The Plaintiff A, the Defendant, and the Defendant’s husband D (1) planned the joint operation of gas and gas filling stations around 2007. (2) Accordingly, on May 30, 2007, the transfer registration of ownership in the Plaintiff and the Defendant’s name was completed with respect to each one-half of the land G in Kim Jong-si and H land.

Since then, the gas station was newly built on each of the above land, and the registration of ownership preservation in the name of the defendant was completed on February 12, 2008.

3) In addition, on May 9, 2007, the registration of ownership transfer was completed with respect to the land I and J land in the name of the Defendant on each of the above land. Since then, the gas filling station was newly built on each of the above land, and on August 27, 2008, the registration of ownership transfer was completed with respect to the relevant gas filling station building in the name of the Defendant on each of the above land. (B) The Plaintiff B participating in the business of Plaintiff B transferred KRW 50,000,000 to the Defendant’s account in order to carry out the business of operating the gas filling station and gas filling stations together, each of the above oil stations and the Plaintiff’s account in the name of the Defendant on May 27, 2009, and each of the following documents submitted KRW 130,000,000 to the Plaintiff’s account in the name of May 29, 2009 (hereinafter “written confirmation document”).

1) On the same day, a notary public was certified by Ministry of Justice No. 2870 on 2009, including the preparation of a law office in South and North Korea. The Defendant and the Plaintiffs are confirmed as follows with respect to the following items: 1. E gas station and storage place (hereinafter “instant gas station and storage place”).

Real estate shall be indicated.

1. G gas station site: 800§³ in the case of Kim Jong-si;

2. H gas station site: 504 square meters;

3. One-story office for a reinforced concrete structure (refinite), 1-dong reinforced concrete structure (refinite), concrete roof, single-story dangerous substance storage and treatment facilities, 41.8 square meters, general steel-frame structure, steel-frame structure, strong board roof, and gas station of 58 square meters;

4. K 200 square meters in Kim Jong-do;

5. L. 25 square meters - With respect to gas stations no. 1 to 5 -

6. M. M. 2,532 square meters - six times in relation to repositories.

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