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(영문) 인천지방법원 2019.05.22 2018나52078
차용금
Text

1. The part against the defendant in the judgment of the first instance is revoked.

2. The plaintiff's claim against the defendant is dismissed.

3...

Reasons

1. Basic facts

A. The Defendant and the co-defendant C, C, and D (C and D are women; hereinafter collectively referred to as “Defendants”) of the first instance trial, filed an application for business registration and received the business registration certificate from the director of the tax office having jurisdiction over December 29, 2014.

The business registration certificate includes the trade name “G”, the opening date of business “G”, and the type of business “business: Real estate business and rental business, items: Non-residential building development and supply business, and non-residential building rental business.”

B. On July 16, 2015, the Plaintiff transferred KRW 90 million to the joint Defendant C’s deposit account. On July 17, 2015, the Plaintiff received through H a written confirmation with the following content (hereinafter “instant confirmation”), the Defendants’ certificate of personal seal impression, and the said business registration certificate.

The Government borrowed 90,000,000 won for the construction of the E-building to proceed with the construction of the I block E-building, and the corresponding E-building J and one of the K units will be provided as security.

From July 17, 2015 to April 45, 2015, a loan may be extended by 30 days if the payment is delayed.

The interest on such interest shall be paid.

Repayment shall be made in preference to the bank and the sale price at the time of completion.

C. On December 1, 2015, the Defendants completed the registration of transfer of ownership with the content that the Defendants shared 1/3 shares each on the grounds of sale on June 21, 2011, with respect to Liquefied 603.5 square meters (hereinafter “instant land”).

The E Building Corporation stated in the instant certificate was conducted on the land of this case.

(I) the number of the government's I due to the implementation of the land development project seems to be changed to the land of this case).

On December 10, 2015, the defendant reported that he withdrawn from the "G" joint business to the head of the Gu Tax Office, and completed the registration of ownership transfer with respect to his share out of the land in this case to F.

E. The instant land.

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