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(영문) 부산고등법원 2017.08.23 2016나50931
대여금
Text

1. The plaintiff's appeal and the plaintiff's conjunctive claim added in the trial are all dismissed.

2. After an appeal is filed.

Reasons

1. Basic facts

A. C, on April 28, 2006, entered into a sales contract with the Defendant to adjust the amount of KRW 1 billion out of the remainder as bank loans, when selling the instant real estate owned by it to KRW 2.15 billion (20 million in contract amount, KRW 50 million in intermediate payment, KRW 50 million in intermediate payment, and KRW 1.435 billion in remainder).

B. Accordingly, on May 29, 2006, the registration of transfer of ownership in the name of the defendant was completed as of the Ulsan District Court No. 41805 on the instant real estate as of May 29, 2006.

【Ground of recognition】 Evidence Nos. 5-1, 2, and Eul No. 12-12, the purport of the whole pleadings

2. The reasoning for the court’s explanation concerning this part of the judgment on the primary claim is as stated in the part “1. Judgment on the primary claim” from No. 11 to No. 4 of the judgment of the court of first instance, except where the court records or adds the judgment of the court of first instance as follows. Thus, this part is acceptable in accordance with the main text of Article 420 of the Civil Procedure Act.

In the case of purchasing real estate through another person, the part of the 3rd to 4th 5th 7th eth eth eth eth eth eth eth eth eth eth eth eth eth eth eth eth eth eth eth eth eth eth eth eth eth eth eth e. e. e. e. g. e. e. e. e. e. 2) where a certain person decided to purchase real estate under another person’s name, the trust relationship between the purchaser and the Defendant is merely an internal relationship among them, and barring any special circumstance, the trust relationship between the purchaser and the Defendant should be externally deemed as the party to the sale and purchase (see, e.g., Supreme Court Decision 2001Da32120, Sept. 5, 2003).

On the other hand, the plaintiff has fully borne the purchase fund of the real estate of this case.

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