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(영문) 서울북부지방법원 2014.09.26 2013가단27616
구상금
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 Plaintiff is the mother of C. The Defendant, as the former husband of C, married on March 22, 2001 with C, but divorced on November 30, 201.

B. On March 2004, the Plaintiff decided to title trust the Defendant with respect to the Dongdaemun-gu Seoul Building owned by the Plaintiff, Dongdaemun-gu Seoul Building, and completed the registration of ownership transfer on March 23, 2004 with respect to the above building on March 8, 2004.

C. On October 27, 2006, the Defendant purchased Dongdaemun-gu, Seoul, 108 Dong 103 (hereinafter “instant apartment”) and decided to purchase the instant apartment in the name of the Plaintiff by concerns over the imposition of excessive taxes due to two houses per household. Accordingly, on December 14, 2006, the ownership transfer registration for the instant apartment was completed in the future of the Plaintiff.

On December 14, 2006 and February 9, 2009 with respect to the apartment of this case, the right to collateral security (the mortgagee: the National Bank of Korea, the debtor, the maximum amount of debt: each of the plaintiff, the maximum amount of debt: KRW 117 million; KRW 36 million) was established over two occasions. On April 15, 2011, the defendant borrowed the apartment of this case from the National Bank of Korea as collateral with a loan of KRW 15 million from the National Bank of Korea, and cancelled the registration of creation of collateral security by discharging all of the above two collateral obligations.

E. The Plaintiff was the Defendant on August 10, 2012.

As stated in the subsection, the apartment of this case transferred KRW 30,235,694, including KRW 67,857, and early repayment fees, KRW 167,837, and KRW 167,837, out of the amount loaned by the National Bank of Korea from the National Bank of Korea as security, to the Defendant’s loan account.

Although the Plaintiff asserts that the date and time he/she remitted the said money is " July 25, 2012." However, according to the evidence No. 3 and No. 2, the date and time of remitting the said money is " August 10, 2012," the Plaintiff appears to be due to mistake.

F. Meanwhile, the Plaintiff and the Defendant concluded earlier on November 8, 2012.

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