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(영문) 인천지방법원 2018.07.12 2017가단17589
대여금
Text

1. The Defendant shall pay to the Plaintiff KRW 36,00,000 and the interest rate of KRW 15% per annum from May 9, 2017 to the date of complete payment.

Reasons

1. As to the cause of claim

A. The Plaintiff’s assertion 1) held title trust and completed the registration of transfer of ownership in the name of Seo-gu, Incheon Metropolitan City (hereinafter “instant apartment”) Nos. 306, 1002 (hereinafter “instant apartment”). The Defendant’s father, the Plaintiff, the father of the Plaintiff, was a large gift tax if the transfer of ownership was made in the Plaintiff’s future, and the Plaintiff later transferred the name in the name of E, and the tax was less paid if the name was later transferred.

The plaintiff believed that he is an employee of the attorney-at-law office, and completed the registration of ownership transfer of the apartment of this case in the future, but he received a loan of the apartment of this case as security, and F, a creditor of this case, received a compulsory decision to commence compulsory sale of the apartment of this case.

The plaintiff prepared money and received a successful bid in the above auction procedure and paid the proceeds.

E is responsible for compensating for damages incurred by tort damages of KRW 31 million, inasmuch as the damage incurred by tort was caused by deceiving the Plaintiff, thereby making the Plaintiff nominal trust, and causing damages to the auction procedure.

B) The Defendant agreed to repay E’s obligation (a loan 5,00,000 won due to tort) in several text messages and telephone conversationss. (b) The Defendant did not agree to repay the Defendant’s obligation instead of the Defendant’s obligation. (c) The Defendant paid 16 million won on behalf of E from an intentional standpoint.

There is no guarantee for E, and even if the guarantee was made, there is no guarantee obligation because the plaintiff's claim for E does not exist.

B. 1) On May 19, 2005, the Plaintiff registered the ownership transfer of the instant apartment with D, a machineman, and completed the registration of ownership transfer in D in the future. On December 13, 2011, the Defendant’s father E, who would save taxes, completed the registration of ownership transfer in the future.

B. E Without the Plaintiff’s consent, as to the instant apartment on May 3, 2012.

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