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(영문) 광주고등법원 2016.08.17 2015나12290
대여금
Text

1. All appeals filed by the Plaintiff (Counterclaim Defendant) against the Defendant (Counterclaim Plaintiff) are dismissed.

2. The appeal costs.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. The relationship between the parties, etc. 1) The Plaintiff is the deceased F (hereinafter “the deceased”).

(2) Defendant B was married on December 4, 1987 with the deceased, but the consultation on October 31, 2008 was married on July 5, 2012 by the deceased’s wife, Defendant C, D, and E. (2)

The Deceased died on July 9, 2013.

B. 1) On December 29, 2006, the Deceased’s acquisition and transfer, etc. of real estate by the deceased (hereinafter “instant land”) shall be the land of this case, H 92 square meters (hereinafter “instant land”).

(2) On July 19, 2007, among the instant land, 592 square meters was divided into pure City L. On March 21, 2008, 70 square meters was divided into Ma. 64,500,000 square meters, and on January 10, 2007, the deceased completed the registration of ownership transfer on the deceased’s future. 2) The deceased decided to newly construct the 99.63 square meters on the instant land on the land of light-weight structure, single-story branch, single-story branch, etc. (hereinafter referred to as the “instant real estate”). In order to raise new funds, on May 16, 2007, the deceased borrowed 17,000,000 won from the Saemaul Depository and 00,000,000 won (hereinafter referred to as the “instant loan”) and the debt amount of the instant case was secured as 0,000,000 won (hereinafter referred to as “the debt amount of this case”).

Since then, the deceased performed the new construction of the building of this case, and completed registration of preservation of ownership in the name of the deceased on October 10, 207.

3) On October 9, 2007, the Deceased and the Plaintiff sold the instant real estate to the Plaintiff in KRW 73,000,000 (No. 8 No. 8, hereinafter “instant sales contract”).

was drawn up.

The sales contract of this case shall be paid on October 9, 2007 as temporary payment, and the buyer shall lend 17,000 to the Long-gu Saemaul Depository.

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