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(영문) 서울중앙지방법원 2014.06.13 2013가합540919
대여금
Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. Basic facts

A. On May 6, 2013, the Plaintiff is a shape of F (the husband of G, who is the second husband of the deceased), who died on May 6, 2013 (hereinafter “the deceased”). Defendant B is the deceased’s spouse, Defendant C, D, and E’s children.

B. The registration of ownership transfer was completed on August 19, 197 under the Plaintiff’s name on June 19, 1997 with respect to 1294/1726 shares (hereinafter “instant land”) out of 1726§³ in Gangnam-gu Seoul, Seoul, and the registration of ownership transfer was completed on January 18, 201 under the name of the EP Corporation on January 12, 201.

C. On February 22, 2011, E.S. deposited KRW 1,151,660,000 in the Agricultural Cooperative Account (I) under the Plaintiff’s name as the purchase price of the instant land.

From the above Nonghyup Account, KRW 1,151,660,00 has been withdrawn on February 25, 201, and KRW 300,000 has been deposited in the National Bank Account (J) opened in the name of the Deceased, and KRW 851,660,00 has been deposited in the new financial investment account (K) opened in the name of the Plaintiff.

[Ground of recognition] The non-contentious facts, Gap evidence Nos. 1 through 3, 5, and 6 (including identification numbers; hereinafter the same shall apply), the result of the order to submit financial transaction information to the new financial investment of this court, the purport of the whole pleadings

2. The Plaintiff’s assertion and the Deceased purchased the instant land by sharing the price on June 19, 197, and completed the registration of ownership transfer under the Plaintiff’s sole name, but the said land was jointly owned by the Plaintiff and the Deceased.

The Plaintiff and the Deceased sold the instant land in KRW 1,151,660,000 to EP around January 201, 201, and the Plaintiff and the Deceased agreed that KRW 600,000 out of the above KRW 1,151,660,000, the remainder will be borne by the Deceased, and the transfer income tax would be borne by the Deceased.

On February 25, 2011, the Plaintiff lent KRW 600,000,00, which the Plaintiff had to have, among the above KRW 1,151,660,000, to the Deceased without fixing the maturity and interest.

Therefore, the Defendants, as the inheritor of the deceased, inherit.

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