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(영문) 울산지방법원 2019.11.27 2018가단67536
대여금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The Defendant, as the party, is the owner of 756m2, 756m2, 746m2, 697m2, 659m2, and G road (hereinafter collectively referred to as “each of the instant lands”), and H is the Plaintiff’s legal spouse.

B. In around the end of 2011, the Defendant, including the conclusion of a contract between the Plaintiff and the Defendant, entered into a construction contract between the Plaintiff and the Defendant under which the Defendant contracted the Plaintiff with respect to the development of the electric source site for each of the instant land (hereinafter “instant development project”). The Plaintiff completed the instant development project around the end of 2011.

C. ① On March 9, 2012, the Defendant paid KRW 170,000,00 to the Plaintiff and H on March 9, 2012, the Defendant paid KRW 70,000 to the Plaintiff. ② On November 9, 201 of the same year, the Defendant paid KRW 70,000,000 to the Plaintiff, and issued a receipt of KRW 70,000 on the same day’s receipt from the Plaintiff. ③ On April 16, 2013, the Defendant transferred KRW 10,000,000 to H’s Agricultural Account (Account No. 1). The Defendant transferred KRW 30,00,000 to the Defendant’s real estate under the Defendant’s name. The Defendant applied for provisional attachment registration on KRW 170,000,000 as loans on KRW 170,000,000 as loans on the real estate owned by H and KRW 17,000,000.

The agreement between the original defendant and the cancellation B of provisional attachment (referring to the defendant in this case; hereinafter the same shall apply) attached 18 parcels to the Daegu District Court No. 13499 (referring to the decision of provisional attachment No. 2017Kadan3221, 2017Kadan3221) upon receipt of the registration of Jin support A (referring to the plaintiff in this case; hereinafter the same shall apply in this paragraph).

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