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(영문) 인천지방법원부천지원 2017.07.21 2017가단3545
대여금
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. The following facts are either not disputed between the parties, or acknowledged in full view of Gap evidence 1, Gap evidence 2, Eul evidence 3, Gap evidence 4-1, 2, 5-1, 5-2, and the whole purport of the arguments.

On May 18, 2000, the Plaintiff married with Defendant B, but divorced on August 1, 2003.

B. On December 14, 2015, the deceased I (hereinafter “the deceased”) died on December 14, 2015, and the Appointed D is the husband of the deceased, the Defendant B, the Appointed E, the Appointed F, the Appointed G, the Appointed H are the children of the deceased, and the Defendant C and the Appointed F are the couple.

C. On September 14, 2013, the Defendant (Appointed Party) entered into a sales contract with J to purchase (hereinafter “the instant sales contract”). The Defendant (hereinafter “the instant apartment”) signed a sales contract to purchase (hereinafter “the instant apartment”).

On October 29, 2013, the Plaintiff deposited KRW 96,200,000 in cash, and then remitted it to C (Appointed Party). The Plaintiff deposited KRW 500,000 in cash and KRW 24,00,000 in cashier’s checks, and remitted it to J (hereinafter collectively referred to as “instant remittance”), and the Defendant (Appointed Party C) completed the registration of ownership transfer for the first apartment on the same day.

E. After the deceased’s death, the Selection G completed the registration of the father’s branch branch court of the Incheon District Court on the ground of inheritance by agreement division as of December 14, 2015 (hereinafter “instant agreement division”) and the registration of the transfer of ownership as of March 10, 2016 under the receipt No. 23229.

2. The assertion and judgment

A. 1) The Plaintiff, the Deceased, and the Defendant (Appointed Party) agreed to borrow part of the purchase price from the Plaintiff during the process of purchasing the first apartment house under the name of the Defendant (Appointed Party). The Defendant (Appointed Party C) agreed to complete the purchase price with the Deceased.

Accordingly, on October 29, 2013, the plaintiff is required to use the apartment in the purchase price of the first apartment.

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