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(영문) 울산지방법원 2017.09.19 2017가단50920
정산금 청구
Text

1. The plaintiff's claim against the defendants is dismissed.

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

Reasons

1. Facts of recognition;

A. The Plaintiff borrowed KRW 30 million from Defendant B on February 6, 2004, KRW 130 million on September 13, 2005, KRW 5 million on April 19, 2007, and KRW 10 million on June 7, 2007, and additionally borrowed KRW 65 million on a total.

After that, the Plaintiff paid 35 million won out of the principal of the loan to the above Defendant.

B. The Plaintiff prepared a sales contract of KRW 185 million for the purchase price on February 26, 2008 with respect to D apartment 103 Dong-dong 1811 (hereinafter “instant real estate”) owned by the Plaintiff with Defendant C, who is his father and wife of Defendant B, and prepared a sales contract of KRW 185 million for the purchase price on February 26, 2008.

2. 27. The registration of ownership transfer was completed under Defendant C’s name.

On the other hand, at the time of the registration of transfer of ownership in the name of Defendant C, the right to lease on a deposit basis for KRW 85 million, E, a person having chonsegwon, was established.

[Ground of recognition] Unsatisfy, Gap evidence 1, 3, Eul evidence 5, the purport of the pleading

2. The gist of the Plaintiff’s assertion was that the Plaintiff borrowed KRW 65 million from Defendant B, repaid some of them, and urged the Plaintiff to repay the remainder of KRW 30 million, and the Plaintiff completed the registration of ownership transfer under Defendant C’s name as a transfer for the Plaintiff’s obligation.

The Defendants shall pay to the Plaintiff the amount of KRW 70 million calculated by deducting KRW 85 million from the transaction price of KRW 185 million from the transaction price of KRW 185 million and the Plaintiff’s loan obligation of KRW 30 million from the Plaintiff’s Defendant B.

3. Determination

A. The issue of whether a real estate owned by an obligor was transferred to a creditor in relation to the obligation or transferred for the security of the previous obligation is related to the interpretation of the intention of the parties at the time of the transfer of ownership. In interpreting such intent, the amount of the obligation at the time of the transfer of ownership, the value of the real estate at the time of the transfer of ownership, the process of taking the obligation, and the subsequent process.

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