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(영문) 부산지방법원 2018.01.09 2017가단303836
대여금
Text

1. All of the plaintiff's claims are dismissed.

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

Reasons

Basic Facts

The plaintiff is the seat of the defendant C, and the defendant B is the infant of the defendant C.

On March 24, 2009, the defendant C filed an application for immunity with the Busan District Court 2009Hadan133, 2009, the bankruptcy and 1338.

On August 19, 2010, Defendant B entered into a sales contract with D-owned Busandong E 103 Dong 1403 (hereinafter “instant apartment”) with the content that the purchase price is KRW 105,00,000 (hereinafter “instant apartment”).

On September 7, 2010, the Plaintiff withdrawn one cashier’s checks of KRW 50,000,000 from his own Busan Bank account (hereinafter “instant checks”).

On September 7, 2010, Defendant B completed the registration of ownership transfer based on the instant sales contract with respect to the instant apartment, and on the same day, Defendant B completed the registration of ownership transfer with respect to the instant apartment by the maximum debt amount of KRW 72,00,000, the debtor B, and the National Agricultural Cooperative Federation of Korea.

Defendant C was declared bankrupt on May 27, 201 in the above case No. 2009Hadan1333, and on July 28, 2011, Defendant C was granted immunity in the case No. 1338 and the decision became final and conclusive around that time.

On December 27, 2013, Defendant B completed the registration of ownership transfer for the instant apartment on November 12, 2013 with respect to the instant apartment on December 27, 2013.

[Grounds for recognition] The facts without dispute, Gap evidence Nos. 1, 2, Eul evidence Nos. 1 and 4 (including the provisional number), the assertion of the purport of the whole pleadings, and the plaintiff's assertion of the judgment that the plaintiff purchased the apartment of this case and requested the plaintiff to lend the purchase fund to the plaintiff. On September 7, 2010, the plaintiff lent KRW 50,000 to the plaintiff by delivering the plaintiff's checks to the plaintiff at the licensed real estate agent's office that entered into the sales contract of this case. The defendant C sold the apartment of this case and promised to pay the above loan to the plaintiff, and the defendant C promised to pay the loan together with the defendant C.

However, the defendants are the defendants.

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