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(영문) 수원지방법원안산지원 2014.05.09 2013가단36828
대여금
Text

1. The defendant shall pay 80,000,000 won to the plaintiff and 20% per annum from November 5, 2013 to the day of complete payment.

Reasons

1. Basic facts

A. On January 25, 2010, the Plaintiff acquired on January 25, 2010 and sold on May 2, 2012, 2012, 129 square meters prior to C and D large scale 192 square meters (hereinafter “the aforementioned land”).

B. After receiving KRW 104,00,000 from the purchase price of land at the time of Jinjin-si, the Plaintiff transferred KRW 80,000,000 among them to E’s account on June 5, 2012.

C. On the other hand, on June 5, 2012, the registration of ownership transfer was made in the name of the Defendant with respect to F. 3,352 square meters (hereinafter “Yancheon-si land”) prior to Seocheon-si, and E is a licensed real estate agent who mediates land sale and purchase.

The Defendant deposited the Plaintiff’s wife’s account in the bank account in the name of the Bank on July 10, 2012, KRW 380,000,000 on August 8, 2012, KRW 400,000 on September 4, 2012, and KRW 250,000 on October 5, 2012.

E. The Defendant is G’s child, and G and the mother of the Defendant died on February 24, 2014.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1-1, 2, 2, 3, and 7, and the purport of the whole pleadings

2. The allegations by the parties and the judgment thereof

A. The Plaintiff asserts that the wife-type Defendant is obligated to pay the above money to the account in the name of E and the delayed payment amounting to KRW 80,000,000 as the Defendant, on June 25, 2012, on the ground that he/she would have to purchase and return the land at KRW 3,80,000,000, since he/she would have to purchase the land at the beginning of June 2012, and that he/she would have paid the said money.

As to this, the Defendant asserts to the effect that, since the actual owner of the land was entrusted to the Plaintiff only under the name of H, the mother of the actual owner, the Plaintiff was transferred money in possession of the land at the time H, as the land purchase fund was required at the time.

B. On the facts as seen earlier, the Defendant alleged that the land of the Jin-si was held in title by H, and thus, the right holder of the purchase price, who disposed of and received it, is H.

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