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(영문) 서울고등법원 2020.03.18 2019나2047422
대여금반환청구
Text

1. The plaintiff's main claim and the first and second preliminary claims changed in the trial are all dismissed.

2. Appeal;

Reasons

1. Basic facts

A. On February 9, 2010, the Plaintiff married with C around 1993, but divorced after being sentenced to a divorce by the Seoul Family Court, and the Defendant is the father of C.

B. The plaintiff asked the defendant to purchase the apartment by using the subscription passbook for the apartment, and the defendant purchased the apartment house of Gangnam-gu Seoul Metropolitan Government D Apartment E (hereinafter "the apartment of this case") with the price of KRW 776,30,000 on December 27, 2001 using his subscription passbook, and completed the registration of ownership transfer on September 30, 204.

C. At the time of the above sales contract, the Plaintiff paid KRW 77,630,00 among the total amount of the down payment, and the remainder down payment KRW 77,630,000 was loaned from the H bank under the name of the Defendant, and the intermediate payment was also paid after obtaining a loan from the H bank under the name of the Defendant, but the instant apartment was completed after the completion of the instant apartment, and repaid all the above loans to H bank by borrowing the instant apartment from the F association under the name of the Defendant on September 29, 2008.

The Plaintiff paid the acquisition tax on the apartment of this case, and even after the registration of transfer of ownership in the name of the Defendant, the Plaintiff issued the interest on the loan, property tax, repair expenses, etc. to the Defendant by April 15, 2009.

E. On October 4, 2010, a voluntary auction procedure for the instant apartment was initiated upon the application of the FF Association, which was the mortgagee of the right to collateral security (Seoul Central District Court G), and the distribution schedule was drawn up on November 2, 2010, stating that the remaining KRW 337,016,732 was distributed to the Defendant after the national tax, senior mortgagee, and senior lessee was distributed out of the proceeds of sale (Seoul Central District Court G).

[Ground of recognition] Facts without dispute, Gap 1, 4, 86, 98 evidence, Eul 1 evidence, the purport of the whole pleadings

2. Determination on the cause of the claim

A. The plaintiff, the plaintiff and the defendant shared the apartment sale price of this case and acquired ownership in the name of the defendant.

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