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(영문) 서울고등법원 2018.03.21 2017나2025633
보관금청구
Text

1. The plaintiff's successor's appeal is dismissed in entirety.

2. The appeal costs.

Reasons

1. Basic facts

A. The Plaintiff (hereinafter “Plaintiff”) is F, D, Appointed E (hereinafter “Appointed”), the Plaintiff’s Intervenor (Appointed Party B) and the mother of G, and the Defendant C is the husband of D.

B. On May 28, 2010, the Plaintiff sold to H and I the building J No. 5 (hereinafter “instant real estate”) owned by the Plaintiff for KRW 850,00,000. Of the above purchase price (hereinafter “the instant purchase price”), KRW 80,000,000, the down payment was deposited in the account in the name of the Plaintiff’s bank (P), the intermediate payment of KRW 300,000,000 on May 28, 2010, with the corporate bank account (K) in the Plaintiff’s name on June 30, 2010, and KRW 400,000,000, which is a part of the remainder, was deposited in the account of the Plaintiff’s corporate bank account in the name of the Plaintiff on September 17, 2010.

C. On June 4, 2010, the Plaintiff purchased from M apartment 101 Dong 1510 (hereinafter “N apartment”) in KRW 258,00,000, and filed a move-in report with the said N apartment on October 26, 2010.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 3, 11, 12, 16, Eul evidence No. 4 (including virtual numbers; hereinafter the same shall apply), the purport of the whole pleadings

2. The parties' assertion

A. A. The summary of the Intervenor’s assertion (1) on May 28, 2010, the Plaintiff sold the instant real estate owned by the Plaintiff to KRW 850,00,000 and received the sales price in the name of the Plaintiff. However, all of the passbooks managed by the Defendant and D, G and her husband O (hereinafter “Defendant, etc.”), and F, paid KRW 63,000,000 to the Intervenor, KRW 20,000 to the Intervenor, and KRW 200,000,000 transferred to the Plaintiff’s account under the name of the Plaintiff (hereinafter this year, excluding KRW 190,000,000,000, KRW 40,0000, KRW 190,000, KRW 10,000, KRW 100,000, KRW 100,000, KRW 400,000, KRW -630,005,000.

(ii).

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