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(영문) 서울고등법원 2016.11.24 2016나2038892
건물명도
Text

1. All appeals filed by the plaintiff and the defendant are dismissed.

2. The costs of appeal shall be borne by each party.

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Basic facts

A. The pertinent Plaintiff is the owner of the building listed in the attached list (hereinafter “the apartment of this case”). The Defendant, as the wife of B, occupied the apartment of this case while residing in the apartment of this case.

B. The Plaintiff’s claim against B 1) The Plaintiff (hereinafter “CT Bank”) around 2003.

A) B’s solicitation that served in B started transactions of fund products, deposits, etc.; around July 2007, KRW 500 million in the account in the Defendant’s name; KRW 550 million in total; and KRW 1 billion in the account in the name of B around February 2009 (hereinafter “instant funds”).

(2) The Plaintiff voluntarily used the instant funds and requested the return of the instant funds. B returned KRW 150 million to the Plaintiff on September 3, 2009, and as to the remainder KRW 900 million, “30 million by the end of January 2010 shall be returned, and the amount not returned shall be returned by the end of August 201.

Interest shall be seven percent per annum.

The certificate of registration shall be provided by the time the full amount is returned.

3) The Plaintiff returned KRW 100 million to the Plaintiff on January 2010, and KRW 100 million on February 2010, and the remainder KRW 700 million upon the Plaintiff’s request with respect to the apartment of this case, which was jointly owned by B and Defendant (B 12/17 shares, Defendant 5/17 shares), the establishment registration of the first-class second-class collective housing unit D with Defendant and the second-class collective housing unit D with the maximum debt amount of KRW 70 million on February 26, 2010 was completed, and around March 3, 2011, the Plaintiff did not repay KRW 700 million to the Defendant by June 30, 201, KRW 70 million on June 17, 2011, and KRW 700 million on June 21, 2017.

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