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(영문) 부산지방법원 동부지원 2018.08.23 2016가단20338
대여금
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. The parties' assertion

A. On December 20, 1991, the Plaintiff asserted that he lent KRW 50 million to I for a fixed period of one month, and I, if he fails to repay within one month, he transferred his own share of KRW 241 square meters in J-si in Seopopo-si and Seopo-si 2261 square meters to the Plaintiff.

However, while I does not transfer the shares of the orchard without the repayment of the loan, I, while I, in the G Voluntary Auction of the Jeju District Court, has been awarded to a third party, but I, in the year after the year 200, concealed it and was not in the year of the plaintiff.

9. 22. There was an undertaking to sell an orchard at the end of that year and pay 1/2 of the selling price.

As I could not pay the borrowed money to the Plaintiff, I sent the 60 boxes of interest each year in the name of interest to the Plaintiff, and after I and I died from around 2015, the Defendant, who was the inheritor, sold the interest name and the surrounding party, has paid part of the borrowed money.

Therefore, the defendant, the heir of the deceased B, and the remaining designated parties are jointly and severally liable to repay the borrowed amount to the plaintiff.

B. Although the Defendant’s assertion did not know whether the Plaintiff lent money to the deceased I, the extinctive prescription has expired even if based on the Plaintiff’s assertion.

In addition, although the defendant sent 10 boxes to the plaintiff in order to take place upon the request of the plaintiff, it is not the fact that the defendant sent 10 boxes under the name of interest as alleged by the plaintiff.

2. According to the facts without dispute between the parties to the judgment, and according to the overall purport of Gap evidence Nos. 2-1 through 3, Gap evidence Nos. 4-1, 2, and Gap evidence Nos. 5-1 through 10, and the purport of the whole pleadings, the fact that the net I completed the registration of transfer of ownership on the ground of sale as of December 29, 195 with respect to the area of 92m2 square meters in Seopo-si, Seopo-si, Seopo-si, JJ large 241m2, and K orchard 2261m2, in Seopo-si, Seopo-si on February 16, 1996, the fact that the above real estate was all awarded to a third party on May 17, 2001 at the voluntary auction of Jeju District Court, and the deceased on January 24, 2014

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