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(영문) 대구지방법원 경주지원 2018.01.09 2017가단12403
대여금
Text

1. All of the plaintiffs' claims are dismissed.

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

Reasons

1. Basic facts

A. A. On May 2007, the Defendant began living together with the Nonparty, who is the Plaintiff’s son, and around May 2008, G’s G He (hereinafter “the deceased”) granted KRW 75 million to G and the Defendant for the formation of a new house (hereinafter “the instant money”), and around May 2008, the Defendant and G used KRW 80,000,000,000,000 to the instant money, plus five million, as the lease deposit, while leasing a new house from Ulsan, around May 2008.

Defendant and G reported their marriage around July 2008.

B. Around 2010, the Deceased and the Defendant were to live in G and the Defendant, by entering the house in his own land, and on May 2010, the Plaintiff completed the construction of a single house on the ground of 1st 482 square meters in Seocho-si, Seocho-si.

Around May 20, 2010, Defendant and G received a refund of KRW 80 million of the deposit for the new house, and paid KRW 46 million among them to J, the said housing construction business entity, and thereafter occupied the said house around that time.

다. 피고와 원고 C는, 피고가 대신 지급한 위 4,600만 원의 공사대금 및 피고가 그동안 시댁을 위해 지출한 돈을 고려하여 피고가 반환받을 돈을 5,000만 원으로 정산하고, 이를 임대차보증금으로 갈음하기로 하여 위 주택에 관한 임대차계약을 체결하였다.

However, on September 27, 2012, the Defendant concluded a lease agreement with the deceased (or the plaintiff who represented the deceased) who is the owner of the foregoing housing as the lessor. On January 7, 2015, the Plaintiff C, etc. donated the said housing share, and concluded a lease agreement with the Plaintiff C as the lessor on January 7, 2015.

On June 18, 2015, the deceased died with five inheritors, including Plaintiff B, C, D, and E, who are the wife of the Plaintiff A, and children.

(Legal portion of inheritance shall be Plaintiff A3/11, and 2/11, respectively, of the other Plaintiffs). E.

The defendant and G have divorced on February 19, 2016.

[Reasons for Recognition] Facts without dispute, Gap evidence 1 to 8 (including branch numbers if there are branch numbers; hereinafter the same shall apply).

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