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(영문) 서울고등법원 2016.12.14 2013나65033
대여금반환 등
Text

1. The part against the defendant in the judgment of the first instance is revoked.

2. The plaintiff's claim against the defendant is dismissed.

3...

Reasons

. continued real estate transactions;

2) On January 6, 2009, the Defendant: (a) borrowed certificates as follows (No. 1; hereinafter “the instant borrowed certificates”).

The Plaintiff prepared and delivered the loan certificate to the Plaintiff. He promised to borrow and keep the above amount to A on or before March 30, 2009, the full-time loan certificate of KRW 200,000,000 (Won 200,000,000) and to pay the above amount by not later than March 30, 209. Interest shall be 5% per month, and 6th January 2009, B (Signature)************) the Defendant prepared and delivered to the Plaintiff, on January 15, 2009.

Won 138,000,000,000 of the cash non-written statement of payment (Won 138,000,000) shall be made by December 30, 2008 by making payment not later than March 31, 2009 with the intention to pay the amount, although it was made a payment with the thickness of the A president by December 30, 208.

The interest for that period shall be five percent per annum.

on January 15, 2009, B (N) (Person)***************** D guarantor C (Person) D Co. (Person)********************??????????????????????

B. (1) On June 3, 2008, the Defendant changed the land category into “ware site” on July 29, 2008, 2008. After acquiring ownership of 494 square meters on the said land, on August 6, 2008, the Defendant newly constructed prefabricated-type warehouse facilities on the said land and completed registration of ownership preservation on August 6, 2008 (hereinafter the above land and warehouse facilities referred to as “F land and buildings”).

(2) On or around December 2008, the Defendant decided to transfer the right to dispose of the instant F land and building to the Plaintiff, and completed the registration of ownership transfer in the G designated by the Plaintiff on March 12, 2009, and thereafter, the instant F land and building sold to H and the ownership transfer registration was completed on August 24, 2009.

3 The Plaintiff directly received KRW 145 million out of the purchase price of KRW 195 million, which was sold to H, through a certified judicial scrivener who was involved in the sale, and KRW 30 million out of the F land.

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