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(영문) 제주지방법원 2020.04.23 2018가합13871
대여금
Text

1. The plaintiff's lawsuit against the defendant C and D shall be dismissed respectively.

2. The plaintiff's claim against the defendant B is dismissed.

3...

Reasons

1. Basic facts

A. The Plaintiff is the father of E, and the Defendant B was in a de facto marital relationship with E from around 2011, and the Defendant C is the father of Defendant B and the former husband, and the mother of Defendant D is the Defendant B.

B. Defendant C completed the registration of transfer of ownership on May 6, 2015, with respect to the building G at Seopopo City and the shares of 613245/132 of the first floor H (hereinafter “H shares”) owned by the F Co., Ltd. (hereinafter “F”) on March 2, 2017.

C. Defendant D completed the registration of transfer of ownership on October 8, 2015 with respect to the building G and I (hereinafter “I”) in Seocho-si, a F-owned on March 31, 2017, due to the sale and purchase on March 19, 2015; and on January 3, 2017, the G building and J (hereinafter “J”; hereinafter “each of the instant real estate”).

[Ground of recognition] Facts without dispute, Gap evidence 2-1 to 3, the purport of the whole pleadings

2. The assertion and judgment

A. The Plaintiff’s assertion 1) around 2016, Defendant B demanded that Defendant B lend KRW 400 million to the Plaintiff for the purpose of real estate purchase fund. Accordingly, on March 10, 2016, the Plaintiff received a loan of KRW 400 million from K Union and delivered all the passbooks and seals newly opened to Defendant B. Defendant B purchased each of the instant real estate as KRW 400 million in the name of Defendant C or D and completed the registration of ownership transfer. Accordingly, Defendant B is obligated to pay the Plaintiff a loan of KRW 400 million and its delay damages. (2) Defendant B is obligated to pay the Plaintiff a loan of KRW 400 million in the name of the contract and acquire each of the instant real estate in trust with Defendant C and D, and the said title trust becomes null and void, Defendant C and D are obligated to return the amount equivalent to the purchase price received from Defendant B to Defendant B.

In order to preserve the above loan claims against Defendant B, the Plaintiff sought payment from Defendant C and D as stated in the claim.

(b).

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