logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 광주지방법원 2019.07.09 2018가단509210
손해배상(기)
Text

1. The plaintiff's primary claim and the conjunctive claim are all dismissed.

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

Reasons

1. Basic facts

A. Contract title trust 1) On May 2014, 2014, between the Plaintiff and the Defendant, the land D, E, forest and ground buildings (hereinafter referred to as “instant land”) owned by Jeonan-nam-gun, Seoul-do (U.S.) (hereinafter referred to as “instant building”) and the instant building are deemed as “instant real estate” and “the instant real estate” in total, if

A) The title trust agreement that the Plaintiff lent the name of the Defendant to purchase and agreed to enter into the sales contract with the Defendant as the purchaser (hereinafter “instant title trust agreement”).

(2) Around June 2, 2014, the Defendant entered into a sales contract with C to purchase the instant land, and the same year.

6.3. Around November 8, 2017, a sales contract to purchase the instant building was concluded with F, and the registration of ownership transfer was completed under the name of the Defendant on November 16, 201.

3) At the time of each sales contract for the instant real estate, the seller was unaware of the fact of title trust. (B) On June 3, 2014, the Defendant received a loan of KRW 120,000,000 from the G Association as collateral on the instant land (hereinafter “instant collateral loan”).

2) The secured loan of this case KRW 120,00,000, ① revenue stamp KRW 75,000, ② 10,000, ② acquisition tax, registration tax, and registration expenses, ④ 11,960,000, ④ bank fee of KRW 10,000, ④ 79,770,000 was remitted to C and C, a land seller, and the remaining KRW 28,185,00 was owned by the Plaintiff. Meanwhile, the Plaintiff paid KRW 3,00,000, out of the money owned by the Plaintiff, to the Defendant’s mother-I by means of remitting to the Defendant.

4. On June 3, 2014, the Plaintiff transferred KRW 3,900,000 from the Plaintiff’s bank account under the JJ to the Defendant’s bank account, and eventually, the instant loan.

arrow