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(영문) 의정부지방법원 2017.09.29 2016가단127978
대여금 등
Text

1. The plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. The Plaintiffs are married with the Plaintiffs, and D are the children of the Plaintiffs, and the Defendant is the wife of D, and D and the Defendant are in progress of a divorce lawsuit as the District Court 2016ddan35346 (principal claim) from October 4, 2016 to October 2016, as the District Court 2016ddan35582 (Counterclaim).

B. The real estate listed in the separate sheet was originally owned by E, and on December 15, 2014, the registration of ownership transfer was completed due to the sale on December 12, 2014 in the Plaintiff’s name.

C. As to the above real estate, the right to collateral security held in the name of the Bank was established on the original maximum debt amount of 108,000,000 won in the name of the Bank, and the debtor E. On December 24, 2014, the right to collateral security held in the name of the National Bank of Korea was established on the basis of the maximum debt amount of 112,80,000,000 won in the name of the National Bank, and the debtor B, and on December 26, 2014, the right to collateral security held in the name of the Bank of Korea was cancelled. As of December 25, 2014, the secured debt amount of the right to collateral security held in the name of the Bank was KRW 88,683,643,

After that, on January 22, 2016, the right to collateral security under the name of the Yangju Livestock Cooperatives was established, and the debtor Eul was established, and on January 26, 2016, the right to collateral security under the name of the above national bank was cancelled. On May 23, 2016, the right to collateral security under the name of the debtor B was established, and on May 23, 2016, the right to collateral security was cancelled on the same day.

D and the defendant resided in the above real estate from January 5, 2015 to September 11, 2016. D transferred 86,00,000 won to the plaintiff on September 4, 2015 seems to be the consideration.

【Ground of recognition】 The fact that there is no dispute, Gap 1, 4-1, 4-3 evidence, Eul 3 and 6 evidence, and the result of an order issued to submit financial transaction information to an enterprise bank by this court, the purport of the entire pleadings, as a whole.

2. As to the request for loans

A. On February 9, 2015, the plaintiffs 1 of the parties' arguments were 58,00,000 won to the defendant and 20 August 8, 2016.

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