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(영문) 수원지방법원평택지원 2016.01.22 2015가합8843
양수금
Text

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, C, and D are married couple, and the Plaintiff couple from February 1, 2005 to August 2007 borrowed approximately KRW 1.3 billion from the Defendant couple as business funds.

(hereinafter) The Plaintiff’s husband and wife’s position “the instant loan” and the Defendant’s husband and wife’s position “the instant loan”).

Plaintiff

On March 27, 2006, in order to secure the debt of the loan of this case, the couple registered the provisional registration of the right to claim ownership transfer in the name D (hereinafter “the provisional registration of this case”) with the Suwon District Court No. 20158, which received on March 27, 2006, as to the 67.34 square meters of the Class II neighborhood living facilities on the 2nd roof of Pyeongtaek-si E brick and branch roof owned by the Plaintiff on March 27, 2006.

C. On January 15, 2009, the Defendant filed an application for provisional seizure of real estate under the jurisdiction of the District Court 2009Kadan50071, which had been issued a provisional seizure order on January 2009 with respect to the real estate of KRW 1,444,250/2,315,000 (hereinafter “instant real estate”) owned by C among 8,939 square meters in Yangju-si 8,939 square meters in Yangju-si, and completed the registration of provisional seizure against the Defendant on January 20, 209 with respect to the instant real estate as the Government Registry of the District Court of the Kug-si District on January 20, 209, the Defendant completed the registration of provisional seizure with the creditor as the Defendant on January 20, 2009.

(hereinafter “registration of provisional seizure of this case”). D.

C on March 16, 2009, the instant real estate was sold to G and 8 others, and G paid KRW 350 million out of the purchase price to the Defendant for the cancellation of the registration of provisional seizure of this case.

(The provisional attachment registration of this case was cancelled on July 20, 209). [The grounds for recognition] The fact that there is no dispute, Gap evidence Nos. 5 through 7, Eul evidence Nos. 1 through 3, and the purport of the whole pleadings.

2. The plaintiff's assertion and judgment

A. A. Around August 2007, the gist of the Plaintiff’s assertion made an agreement with the Defendant couple to pay only the principal without interest when settling the debt of the instant loan amount of KRW 1.3 billion with the Defendant couple.

Since then, the defendant couple transferred KRW 600 million out of the above claim to H and H around August 21, 2008.

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