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(영문) 대구지방법원 2018.08.23 2017가합204456
대여금
Text

1. Of the instant lawsuit, the part of the Plaintiff’s claim for the confirmation of existence of each of the obligations against Defendant B and the claim against Defendant C.

Reasons

1. Basic facts

A. The owner on the registry of each real estate listed in the separate list of real estate (hereinafter “instant real estate”) was D, but on June 5, 2012, a new real estate sales contract was concluded with the effect that the seller D, the purchaser of the Plaintiff and Defendant B’s land, and KRW 1.5 billion (the contract amounting to KRW 250 million on the date of the contract, the remainder of KRW 1.255 billion on the date of the contract, and the remainder of KRW 1.25 billion on September 27, 2012, the payment of KRW 1 billion on September 27, 2012 was made to pay the secured debt of the right to collateral security established on the instant real estate. On October 15, 2015 of the same year, a new real estate sales contract was concluded to add the F, a female farmer of Defendant B, to the purchaser.

(hereinafter referred to as “instant sales contract”). B.

around June 5, 2012, which was the date of the first conclusion of the instant sales contract, the Plaintiff’s G association account in the name of the Plaintiff = Total of KRW 60 million = The same month as KRW 50 million June 4, 2012.

5. The sum of KRW 190 million was transferred from the G Union account under Defendant B’s name to the H Bank account under the Plaintiff’s name on June 5, 2012. The sum of KRW 250 million was the same as the sum of KRW 60 million and KRW 190 million from the H Bank account under the Plaintiff’s name on June 5, 2012.

(c) transfer from the H Bank account under the name of the Plaintiff to the G Association account in the name of the Plaintiff (which is the business account of the JB station located in the instant real estate) in the name of the Plaintiff, in the amount of KRW 49 million on June 15, 2012.

bank account in the name of the Plaintiff appears to be different from the bank account in the name of the Plaintiff.

(4) The Plaintiff’s transfer from the K Bank account in the name of the Plaintiff to the account in the name of the Defendant B. Since F, the Plaintiff, and E were transferred from July 3, 2012 to the account in the name of the Defendant B. Since F, the Plaintiff, and E, filed a lawsuit against D seeking the registration of ownership transfer concerning the instant real estate (C, Changwon District Court Msan District Court Decision 2013Dahap2917, Busan High Court Decision 2014Na21376, Supreme Court Decision 2015Da212725, hereinafter referred to as “the instant real estate”).

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