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(영문) 인천지방법원 2015.04.15 2014가단58268
대여금
Text

1. All of the plaintiffs' claims are dismissed.

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

Reasons

1. The same year from the Plaintiff’s bank account to Defendant D’s account on July 15, 2005; and

7. The fact that KRW 15 million has been transferred to each other on September 19, 19, the fact that the Plaintiff’s husband’s transfer from the bank account, to the Defendant D’s account on July 15, 2005 (hereinafter “the instant money”), and the Defendants, from around 2005 to the husband, knew to the Plaintiffs and neighbors, are either not in dispute between the parties or acknowledged by the statements in subparagraph 1, 2, and 3.

2. The plaintiffs alleged as the primary claim of this case. The defendants have a duty to pay the above amount with a loan, and they have a duty to pay the above amount with interest within two years by making an investment in real estate when they lend money. The defendants purchase the land that is invalid or impossible to change the form and quality of the land due to the plaintiffs' rash and experience, even if they transfer the money with a real estate purchase price as alleged by the defendants as a preliminary claim, as argued by the defendants, even if they transfer the money with a real estate purchase price, the real estate transaction with the defendants expect that the transaction with the defendants will be changed to the form and quality of the land as a site. This is an error in the important part of the sales contract, and the defendants have the duty to return

3. Determination

A. It is insufficient to recognize that the instant money is a loan to the Defendants only with the facts of the recognition and the statement of Gap evidence No. 5 on the primary cause of claim, and there is no other evidence to acknowledge it.

오히려 앞서 든 증거에 갑 제2호증의 1 내지 4, 을 제1 내지 4호증의 각 기재, 이 법원의 농협은행 주식회사에 대한 사실조회결과를 종합하여 보면, ㈎ 충청남도 태안군 F 임야 2,688㎡(이하 ‘F 토지’라고 한다)에 관하여 2005. 7. 26. G, H, I 앞으로 각 지분소유권이전등기가 경료되어 있고,...

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