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(영문) 서울서부지방법원 2016.10.27 2015가합36952
대여금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On April 24, 2015, the registration of ownership transfer was completed in the name of the Defendant on the grounds of sale on March 10, 2015, with respect to D Forest land owned by Gwangju-si (hereinafter “instant land”).

On the same day, the establishment registration of a neighboring mortgage in the name of the debtor, the defendant, the maximum debt amount of 1,079,000,000 won was completed with respect to the land of this case.

B. On June 12, 2015, the Plaintiff entered into a sales contract with E, who represented by the Defendant, with the content that the purchase price shall be KRW 1.39 billion, on the instant land, and that the Plaintiff shall pay the loan obligations, which are collateral obligations under the right to collateral security in the name of the Leecheon Credit Union with respect to the instant land, in lieu of partial payment of the said purchase price, and that the Plaintiff shall pay the remainder of the purchase price to E.

After that, on June 16, 2015, the registration of ownership transfer was made in the name of the plaintiff on the ground of sale on June 12, 2015.

[Grounds for recognition] The descriptions of evidence Nos. 1 and 7, and the purport of the whole pleadings

2. The plaintiff's assertion and judgment

A. The Defendant asserted that the Plaintiff borrowed KRW 335,864,50 from the Plaintiff at the time of purchasing the instant land from C around April 2015.

Even if not, during the process of completing the registration of ownership transfer as above in the Defendant’s name with respect to the instant land, KRW 335,864,50 leased to the buyer of the instant land, and the representative director G of the Defendant and the F Co., Ltd. (hereinafter “Nonindicted Company”) around June 20, 2015 shall make the registration of ownership transfer under the name of G with respect to the instant land in the Defendant’s name until June 20, 2015, and if the registration of ownership transfer is not made in the name of G until the above date, it is reasonable to deem that the Defendant agreed that the instant land should be owned by the Defendant, and thus, it is reasonable to deem that the Defendant paid the Plaintiff KRW 335,864,50.

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