(영문) 서울북부지방법원 2017.12.15 2016가단4508

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(영문) 서울북부지방법원 2017.12.15 2016가단4508

약정금반환 등

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1. Defendant B’s KRW 100,000,100 as well as 5% per annum from December 31, 2005 to February 5, 2016 to the Plaintiff.

Reasons

1. Basic facts

A. The registration of ownership transfer was completed on December 31, 1993 on the following grounds: (a) Gangnam-gu Seoul E-gu, which was originally owned by Defendant C, as well as the above land and buildings (hereinafter referred to as “the instant real estate”; and (b) the building was completely owned by Defendant B on December 31, 1993.

B. Of each of the instant real estates, F had completed the registration of ownership transfer claim on July 19, 1996 on the share of 2/3; Defendant D, the children of Defendant C, on the share of 1/3, on the ground of trade reservation; and F transferred the registration of ownership transfer claim on December 26, 2002 to Defendant D.

On April 10, 2003, Defendant D completed the principal registration based on provisional registration with respect to the instant real estate.

C. At the time of February 13, 1991, the Plaintiff leased the instant building from Defendant C, who was the owner of the instant building, and Defendant B had maintained the lease relationship with Defendant B after purchasing the instant building.

From that time, the Plaintiff lent money to Defendant B over several times.

As the Plaintiff was unable to receive the above loan, on February 10, 200, received respectively a letter of payment from Defendant B, stating the lease deposit amount of KRW 1 billion with respect to the instant building, and on July 30, 200, that “The Plaintiff will pay KRW 1 billion with the loan borrowed from the Plaintiff up to September 23, 200.”

[Reasons for Recognition] Defendant C: Each entry in the evidence of Nos. 1 through 6 (including, if any, the number of each evidence), and the purport of the whole pleadings

2. On December 31, 1993, Defendant C’s assertion completed the registration of ownership transfer on the land building in Gangnam-gu Seoul, Seoul, his own possession, Defendant B, which was subject to the title trust agreement or the false indication of agreement, which is void.

Defendant B wishes to acquire the registration title of the instant building and to repay the registration title to the lessor’s status in form.

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