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(영문) 창원지방법원 2017.02.09 2015가합35027
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. On March 31, 2015, the Plaintiff transferred KRW 100 million, KRW 30 million on April 5, 2015, KRW 80,000 on April 29, 2015, and KRW 10,000 on May 7, 2015 to Defendant B’s account.

B. On May 1, 2015, Defendant C concluded a sales contract for each real estate listed in the separate sheet No. 1 with Defendant B, and completed the registration of ownership transfer as the Changwon District Court No. 45781, May 12, 2015, based on the said sales contract.

C. On May 22, 2015, Defendant D entered into a sales contract for each real estate listed in the separate sheet attached to Defendant B with Defendant B, and completed the registration of ownership transfer with the Changwon District Court No. 5000 on May 22, 2015, based on the said sales contract.

E entered into a sales contract with Defendant B on May 22, 2015, and completed the registration of ownership transfer as of May 22, 2015 with the Changwon District Court No. 5001, which was received on May 22, 2015.

[Reasons for Recognition] Facts without dispute, Gap evidence 1 through 4, 8, 9, Eul evidence 1, 3, Eul evidence 1, 1, 3, Eul evidence 1 (including each number), the purport of the whole pleadings

2. Determination as to the claim for loans, etc. against Defendant B

A. The gist of the Plaintiff’s assertion was that the Plaintiff lent KRW 130 million to Defendant B on March 31, 2015, and KRW 1.3 million on April 5, 2015.

On April 29, 2015, the Plaintiff: (a) was divided from Defendant B, on May 13, 2015, 2015, the F.896 square meters of the window of Changwon-si, Changwon-si, 896 square meters to KRW 380 square meters before G on May 13, 2015; (b) the Plaintiff purchased KRW 330 million; and (c) the loan amount of KRW 130 million in lieu of the payment of part of the purchase price.

Meanwhile, on the other hand, the Plaintiff paid to Defendant B KRW 80 million as the down payment on the day of the said sales contract, and KRW 10 million as the intermediate payment on May 7, 2015.

However, on May 22, 2015, Defendant B sold the above F land twice to Defendant D, and completed the registration of ownership transfer in Defendant D’s name. This is against Defendant B’s Plaintiff.

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