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(영문) 부산지방법원 2020.01.30 2018가단327372
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. The networkF died on October 3, 2012, and Defendant B is the spouse of the networkF, and Defendant C, D, and E are the children of the networkF.

B. The Defendants owned the net F, with respect to a total of 1,064 square meters of G fishing ground, 1,064 square meters, H large 3,565 square meters, and 7,950 square meters prior to YY-gun, Seocheon-gun, Seocheon-gun. The Defendants completed the registration of ownership transfer on the ground of each inheritance with respect to the 1,064 square meters of G fishing ground and 3,565 square meters of G fishing ground on February 21, 2013 when the net F was dead.

C. On April 29, 2016, the Defendants sold 1,064 square meters of G fishing grounds to the J in Tong-si on June 17, 2016, and completed the registration of ownership transfer on June 17, 2016. On February 15, 2018, the Defendants sold H large 3,565 square meters to K and L in Tong-si on February 15, 2018, and completed the registration of ownership transfer on April 9, 2018.

[Ground of recognition] Facts without dispute, entry of Gap evidence No. 2 (including those with several numbers) and the purport of whole pleadings

2. The plaintiff's assertion

A. On March 4, 2009, the Plaintiff lent KRW 33,000,000 to the netF, including KRW 30,000,000,000 on April 18, 201, and KRW 33,000,000 on the condition that real estate owned by the networkF is sold at the time, and the degree of KRW 120,00 on a monthly basis has been paid from the networkF as interest on the said loan.

B. Even after the death of the networkF, the Defendants recognized the netF’s above loan obligation to the Plaintiff as an inheritance obligation, and agreed that the real estate inherited from the networkF would be sold, and paid the interest therefrom by April 2018.

C. The Defendants succeeded to the net F’s above loan obligation against the Plaintiff, and sold real estate inherited from the networkF, and accordingly, Defendant B is obligated to pay the Plaintiff damages for delay on the amount of KRW 11,00,000, Defendant C, D, and E, based on its inheritance shares.

3. According to each of the statements in Gap evidence Nos. 1, 3, and Eul evidence Nos. 2, 3, and 4, the plaintiff remitted the net F to the net F amount of KRW 29,00,000,000 on March 4, 2009, and KRW 3,000,000 on January 9, 2012, and the net F amount of KRW 4,300,00 on March 4, 2009.

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