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(영문) 서울동부지방법원 2019.12.20 2018나28312
대여금
Text

1. Revocation of a judgment of the first instance;

2. All plaintiffs' claims are dismissed.

3. The plaintiffs' total costs of litigation.

Reasons

1. Basic facts

A. With respect to the Gangnam-gu Seoul Metropolitan Government D apartment E (hereinafter “instant apartment”), the registration of ownership transfer was completed in the name of F on March 26, 1992, and on July 30, 2009, the registration of ownership transfer was completed in the name of the defendant on August 11, 2009.

B. On December 18, 2008, the establishment registration of the apartment of this case was completed with respect to the debtor FF, the maximum debt amount of KRW 360,000,000, and G with respect to the apartment of this case.

C. The Plaintiffs, the Defendants, K, L, and F were six brothers and sisters, and I were their mother and M were their father, and M was Jan. 27, 2006, and I died on December 16, 2012.

On June 12, 2009, Plaintiffs, Defendants, K, L, F, and I agreed on the disposal method of inherited property (hereinafter “instant agreement”).

The instant agreement states that “The co-property of all families that were donated to, and inherited by, parents to, their descendants before and after the instant apartment is transferred” shall be deemed to be the co-property of all the remaining families, and all the remaining funds that were liquidated with the proceeds of the disposal of the co-property shall be distributed to one-seven persons, respectively. The Defendant paid KRW 50,000,000 as co-property of the family, on the condition that the apartment of this case is transferred, and all the expenses incurred or incurred in connection with, parent-related books, liabilities, lawsuits, inheritance taxes, and inheritance taxes shall be disbursed from the co-property.”

As of April 30, 2009, the term “the current status of liabilities and common property of family as of April 30, 2009” attached to the agreement of this case includes 3,474,000,000 won of the apartment loan of this case (interest 1,800,000,000 won for the rent of J building), and the term “common property” means J building, water supply ground, Jeju-do, N apartment, O, P ground, P ground, P ground, and dong field totaling 8,710,00,000 won. In return for the change of the apartment of this case under the name of the defendant on August 4, 2009, the defendant paid at least KRW 300,000 of the guaranteed apartment loan of this case out of KRW 300,000,000,000, the remainder.

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