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(영문) 부산지방법원 2018.05.17 2017가단12529
대여금
Text

1. Of each real estate listed in the separate sheet No. 1 list to the Plaintiff, with respect to the shares of Defendant B 9/39 and shares of Defendant E 6/39, respectively.

Reasons

1. On February 10, 200, the Plaintiff’s assertion H (the deceased’s death on April 20, 200; hereinafter “the deceased”) agreed to transfer the ownership of each real estate listed in the separate sheet No. 1 (hereinafter “each of the instant real estate”) to the end by December 2016, when borrowing KRW 31 million from the Plaintiff as interest rateing to KRW 600,000 per month. The Defendants, the deceased’s heir, are liable to implement the registration procedure for transfer of ownership based on the aforementioned payment agreement with respect to each of the instant real estate inheritance shares among the instant real estate.

2. The part of the claim against Defendant B and E recognizes all of the Plaintiff’s assertion.

On the other hand, the inheritance process following the death of the deceased and the inheritance shares by the inheritor are as shown in attached Form 2.

Thus, among the real estate in this case, Defendant B is obligated to implement the registration procedure for ownership transfer on February 10, 200 with respect to the share of 9/39 shares inherited, and the share of 6/39 shares inherited, and the share of 6/39 shares inherited.

3. The evidence No. 1, which seems to correspond to the plaintiff's assertion as to the remaining part of the claim against the defendants, cannot be used as evidence because there is no evidence to acknowledge the authenticity.

In addition, in light of the fact that the Plaintiff failed to submit financial data related to the loan and the assertion about the loan details and methods is inconsistent, the Plaintiff’s assertion on the evidence No. 2 (written confirmation prepared by Defendant B and E) cannot be acknowledged, and there is no other evidence to acknowledge it otherwise.

4. The plaintiff's claim against the defendant B and E is justified, and the plaintiff's claim against the remaining defendants is dismissed as it is without merit.

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