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(영문) 서울서부지방법원 2014.10.10 2014가합30193
대여금
Text

1. The plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. The Defendant entered into the instant sales contract and paid the price 1) On April 26, 2007, with the introduction of D, is the area of 26 square meters of the F site in Seodaemun-gu Seoul, Seodaemun-gu, Seoul (hereinafter “instant land”).

(3) As to the instant building, G road 36 square meters and 36 square meters and 36 square meters and without permission (hereinafter “instant building”), the instant building is deemed to be “instant real estate” in combination with the instant land.

(2) The sales price is KRW 200,000,000, and the down payment is KRW 20,000,000 on the date of the contract, and the intermediate payment is KRW 40,000 on June 8, 2007, and KRW 90,000,000 out of the remainder KRW 140,000,000 is paid on November 30, 2007, and the remainder amount is KRW 50,000,000,000, which is to substitute for payment by converting the remainder into the obligation of return of the deposit for lease on a deposit basis (hereinafter “instant sales contract”).

(2) On April 26, 2007, the Defendant concluded a contract deposit of KRW 20,000,000 with E, and the same year.

8. The payment of intermediate payments of KRW 40,000,000 has been made and the payment of some of the remainder has been requested in advance for the same year;

8. Of the remainder 23, 40,000 won, H, a husband of the building of this case, filed a lawsuit due to a change in the name on the building management ledger of the building of this case at the time of the remainder payment, and the remainder payment was delayed until the lawsuit is completed.

3. Around July 2009, the Defendant received a request from D to pay any balance after the completion of the lawsuit described in the preceding paragraph, and around that time, lent KRW 55,200,000 from I to E, and KRW 50,000,000 among them paid to E as the balance of the instant sales contract, and paid KRW 5,20,000 to D as the registration cost and the return cost under the instant sales contract.

B. On September 11, 2009, the borrower borrowed KRW 30,000,00 from D on September 11, 2009 in order to repay the debt owed to I as stated in the preceding paragraph. The borrower borrowed on October 15, 2009 as the due date for repayment of KRW 30,000 from D on September 11, 2009.

C. On the other hand, E on August 18, 2010, on the instant land to J, who is a person of D on August 18, 2010.

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