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(영문) 서울고등법원 2018.09.18 2017나9093
대여금 반환
Text

1. The part concerning the conjunctive claim in the first instance judgment shall be revoked.

2. The defendant shall list the attached list from the plaintiff A and D.

Reasons

1. Basic facts

A. Relevant parties 1) The defendant is the defendant under the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter "Urban Improvement Act").

(2) From June 2007 to June 201, Plaintiff B was the head of the Defendant’s partnership, and Plaintiff A was the Defendant’s director.

B. The Plaintiff A and E (Plaintiff A’s daughter) lent a total of KRW 190 million to the Defendant as follows. (A) The Plaintiff A deposited KRW 30 million in the Defendant’s F Bank account on August 12, 2008 and KRW 20 million on June 4, 2009, respectively.

B) On February 20, 2009, E deposited KRW 40 million in the Defendant’s F Bank account two times, and KRW 10 million in total, and KRW 50 million in total. (c) Seoul Seongbuk-gu Seoul, and KRW 65 million in total with respect to the Defendant’s share of H’s land, Plaintiff A deposited KRW 10 million in the Defendant’s F Bank account on October 1, 2009, and KRW 70 million in total with the Defendant’s F Bank account on December 7, 2009, and KRW 93 million in total with the Defendant’s account on March 15, 2010, Plaintiff A deposited KRW 90 million in each of the Plaintiff’s loan and KRW 290 million in the Plaintiff’s account on June 10, 2009 (hereinafter “the Plaintiff’s loan and KRW 93 million in total with the Defendant’s account on March 15, 2010).

(B) As to the Defendant’s share of the said G and H land, the right to collateral security was established in the Plaintiff’s name as to June 10, 2009, the maximum debt amount of KRW 273 million.

C. On April 7, 2010, the Plaintiffs and the Defendant: (a) concluded the instant sales contract and completed the ownership transfer registration; and (b) on April 7, 2010, the real estate listed in the separate sheet as a payment in substitutes for the obligation to return each of the instant loans (hereinafter

The ownership will be transferred to the plaintiffs.

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