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(영문) 광주지방법원 2020.02.14 2019나56646
대여금
Text

1. The plaintiff's claim that the court changed in exchange is dismissed.

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

Reasons

1. Facts of recognition;

A. The Plaintiff is sentenced to C’s punishment, and the Defendant is a person who associates with C.

B. From the H Bank Account (I) in the name of the Plaintiff or the H Bank Account (J) in the name of the Plaintiff’s Eastern D to the account in the name of the Defendant, or from the account in the name of K designated by the Defendant, to the account in the name of the Defendant in the name of the Plaintiff in the name of KRW 26 million on June 24, 2016;

② On June 27, 2016, KRW 5 million was remitted from the account under the Plaintiff’s name to the account under the Defendant’s name. The remaining KRW 8,977,00 was remitted from the account under the Plaintiff’s name to the account under the name of K.

and from the account in the name of KRW 18 million to the account in the name of the defendant;

③ On June 30, 2016, KRW 5 million was remitted from the account under the name of the Plaintiff to the account under the name of the Defendant.

A total of 62,97,00 won was remitted.

C. On June 24, 2016, the Defendant purchased, from L on June 24, 2016, Yong-Namnam Cancer E apartment and F (hereinafter “instant apartment”) at KRW 138 million, and completed the registration of ownership transfer with respect to the instant apartment on June 30, 2016.

[Ground of recognition] Facts without dispute, Gap evidence 2 through 4, 7, Eul evidence 4, the purport of the whole pleadings

2. The parties' assertion

A. The Plaintiff asserted that the Plaintiff purchased the instant apartment under the name of the Defendant, which was the birth partner C, with the Defendant, and entered into a contract title trust agreement with the purport that the Plaintiff shall pay the purchase price, acquisition tax, registration tax, loan interest, etc. of the instant apartment. The Plaintiff paid KRW 62,977,00 with the purchase price of the instant apartment, KRW 1.4 million with the acquisition tax and registration tax, KRW 1.4 million with the acquisition tax and registration tax, and the interest KRW 6.55 million with respect to the loan of the collateral security interest established on the instant apartment from July 1, 2016 to July 30, 2018.

However, the contract title trust agreement is null and void in accordance with the Act on the Registration of Real Estate under Actual Titleholder’s Name. As such, the Defendant’s totaling KRW 71,127,00 for return of unjust enrichment to the Plaintiff (i.e., purchase price of KRW 62,977,00 for acquisition tax and registration tax of KRW 1.4 million for KRW 6,75

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