(영문) 서울북부지방법원 2016.10.25 2015가단148685

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(영문) 서울북부지방법원 2016.10.25 2015가단148685

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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 deceased's father C (hereinafter referred to as "the deceased"), and the defendant is the birth of the deceased and is between the plaintiff and the defendant as the birth of the deceased.

B. On February 8, 1999, the registration of ownership transfer was completed in the name of the deceased as to the real estate listed in the separate sheet (hereinafter “the instant real estate”). On November 7, 2006, the deceased prepared a sales contract with the Defendant for the instant apartment with the purchase price of KRW 70 million (hereinafter “the instant sales contract”), and completed the registration of ownership transfer (hereinafter “the instant registration of ownership transfer”) in the name of the Defendant as of November 13, 2006, as of Seoul Northern District Court Decision 90058 on November 13, 2006.

C. On September 9, 2015, the Deceased died on or around 03:30, and the Plaintiff is the only heir of the Deceased.

On April 1, 2016, the Plaintiff deposited KRW 22,051,540,540 as the principal and interest for the deposited person as the Defendant and the Deceased’s 15 million loaned by Seoul Northern District Court Decision 2016No1659.

[Ground of recognition] Facts without dispute, Gap evidence 1, 3 through 6, 12, Eul evidence 8 (including provisional number), the purport of the whole pleadings

2. Determination as to the cause of action

A. The plaintiff's assertion 1 of the parties had tried the deceased's work while residing with the plaintiff and the deceased from around 2001. The deceased borrowed KRW 15 million from the defendant in order to make the deceased's work around 2006 and completed the registration of transfer of the ownership of the real estate in the name of the defendant as security, but the defendant agreed to lease the above real estate in the name of the defendant with a deposit for lease deposit of KRW 55 million. Ultimately, the plaintiff borrowed KRW 15 million from the defendant and provided the real estate of this case to the defendant as a collateral for transfer, and the plaintiff, the only heir of the deceased, as the plaintiff, was the owner of the real estate of this case, shall be the principal borrowed and the principal borrowed KRW 15 million as well as the principal borrowed.

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