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(영문) 서울중앙지방법원 2015.08.26 2015가단5119898
대여금반환 청구의 소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On July 16, 2008, the Defendant concluded a lease agreement between the Plaintiff’s ASEAN and the Songpa-gu Seoul Metropolitan Government D apartment 121 Dong 1101 (Gu E apartment 68 Dong 507, hereinafter “instant apartment”) with a deposit of KRW 220 million and the period from October 31, 2008 to 24 months.

After that, on October 23, 2008, after obtaining a fixed date and paying a deposit, the moving-in report was made on October 31, 2008.

B. As to the apartment of this case, on February 3, 2009, the registration of ownership preservation of each of the 1/2 co-ownership in the future F, who is the father and the father of C and his/her spouse, was made.

Then, on March 11, 2010, F’s share was transferred to the Plaintiff as a gift, and C’s share also became the sole ownership of the Plaintiff, prior to July 21, 201, transferred to the Plaintiff, who was sold in the voluntary auction application case (Seoul East District Court G; hereinafter “auction case”) filed by the Korea Standards Bank (hereinafter “bank”) which is the creditor-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-based.

C. In the auction case, the Defendant made a demand for distribution as a lessee with a fixed date, and the bank filed a lawsuit of demurrer against the Defendant’s dividend amounting to KRW 220 million (Seoul East Eastern District Court 201Gahap14976), and the Defendant failed to receive the said dividend on the date of distribution.

In the first instance of the instant case of demurrer against the distribution, the claim against the Defendant of the bank was dismissed, but at the appellate court, a decision in lieu of conciliation of the contents that reduces KRW 80 million among the dividends against the Defendant and distribute it to the bank became final and conclusive.

[Ground of recognition] The fact that there is no dispute, Gap 1, 5 through 8 (including paper numbers), Eul 4 (including paper numbers), the purport of the whole pleadings

2. The plaintiff's assertion

A. On August 26, 201, the Plaintiff leased KRW 220 million, the amount equivalent to the deposit, upon the Defendant’s request, and was transferred the dividend claim from the Defendant.

B. At the time of the above transfer, provisional seizure, seizure by the Defendant’s State agencies and other creditors.

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