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1. All of the plaintiff's claims are dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Facts of recognition;
A. On September 23, 2015, the Plaintiff and D entered into a sales contract with respect to the F Building G (hereinafter “instant real estate”) of Bupyeong-gu Incheon, Bupyeong-gu, Incheon (hereinafter “instant real estate”) with the content of KRW 106,00,000 for the purchase price.
B. On November 2, 2015, the Plaintiff remitted KRW 77,000,00 to E, and the Plaintiff and D completed the registration of ownership transfer for each of the instant real estates on the same day.
C. On November 21, 2017, the Plaintiff sold to D 1/2 shares of the instant real estate at KRW 60 million.
D was killed on February 13, 2019 and became D et al.
2) The Defendants, as their children, completed the registration of ownership shares in each of the instant real estate in accordance with the inheritance shares. [The facts that there is no dispute over the grounds for recognition, the entries in Gap evidence 1-1, 2, and Gap evidence 2, and the purport of the whole pleadings.]
2. Determination as to the cause of action
A. On November 2, 2015, the Plaintiff asserted that the Defendants, the legal heir of the deceased, should pay KRW 38.5 million according to their respective shares of inheritance, as the Plaintiff lent KRW 77 million to the Deceased as the purchase price of the instant real estate. Since the Deceased died without paying the purchase price of the instant real estate.
B. In order for the money to be paid as a loan for consumption, the intent of both parties to make the money as a loan for consumption must be satisfied at the time of payment of the money, and if the other party contests the cause of receipt of the money, the party who asserts that it was received due to the loan for consumption shall be liable to prove it.
However, the Plaintiff asserted that he lent KRW 70 million to the Deceased, but did not disclose the content of the loan agreement for consumption, such as due date and interest, and did not submit any other objective data to deem that there was a mutual agreement with the intent to lend the said money at the time of the payment of the borrowed money.