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(영문) 수원지방법원 2019.09.25 2018나76491
대여금
Text

1. The part of the judgment of the court of first instance against the Defendant (Counterclaim Plaintiff) shall be revoked, and the revoked part shall be revoked.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. The relationship between the parties and the Defendant are children of the deceased C (Death on March 25, 2017, hereinafter “the deceased”).

The Deceased had 4 South and North Korean women, J, the Defendant, the Plaintiff, the E, and his dependants, and L, who are children of the deceased with the her father I.

B. The Plaintiff’s loan and repayment 1) The Plaintiff loaned money to the Defendant, KRW 1,50,00 on December 21, 2006, KRW 1,500 on November 6, 2009, KRW 303,200 on October 20, 201, KRW 10,000 on May 12, 201, KRW 14,000 on May 14, 201, KRW 10,000 on loans, KRW 10,000 on May 14, 201, KRW 10,000 on loans, KRW 20,00 on November 20, 201, KRW 30,00 on loans, KRW 10,00 on November 14, 200, KRW 00 on loans, KRW 10,000 on October 17, 201, KRW 203,01 on loans, KRW 5,2010.

(2) From September 28, 2016 to March 31, 2017, the Defendant paid KRW 250,000 per month to the Plaintiff as interest on the instant loan.

C. 1) On April 2002, the Deceased: (a) around 2002, on the ground of F.651 square meters on the deceased’s ownership, the building was built; (b) the building was operated; (c) the “instant building”; and (d) the “instant B-dong building”; and (c) the “instant building.” (b) each building permit was granted for one building (a building size of 135.84 square meters) on the land owned by the deceased, adjacent to the said land. The Deceased changed the name of the owner of the instant building to the Plaintiff and the Defendant; and (c) on March 6, 2007, the Plaintiff and the Defendant completed the registration of the ownership preservation of the instant building as one-half joint ownership.

On the other hand, on August 2002, the deceased changed the name of the owner of the building on the ground of the above M to E around August 2002, and E completed registration of preservation of ownership of the above building around that time.

On January 23, 2013, the deceased, such as the disposal of the instant building in operation, completed the registration of dividing the site part of the instant building in the said F land into GJ into GJ 311 square meters at Silung-si, and the site part of the instant BG building into FJ 300 square meters at Silung-si.

As to the building of this case.

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