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Reasons
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(영문) 서울고등법원 2019.06.07 2018나2055778
대여금
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1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Basic facts

A. The parties’ related Defendant operated a restaurant, “E” (hereinafter “Defendant restaurant”) on the land and 920 square meters of K in Gwangju-si, Gwangju-si, and its ground. The Plaintiff became aware of the Defendant through his father, and thereafter, from October 20, 2015, operated a restaurant, “F” (hereinafter “Plaintiff restaurant”) from around October 20, 2015, by leasing the above land and other buildings on the land owned by the Defendant and on the ground thereof.

(Evidence A, 2, 51). (b)

Around December 2015, the Defendant entered into a sales contract with J to purchase the parking lot site and pay the price therefor. From then on, the Defendant: (a) concluded a sales contract to purchase the GJ-type 171 square meters (hereinafter “parking lot site”) adjacent to the Defendant restaurant at KRW 156 million; and (b) thereafter, the Plaintiff entered into the J to purchase the parking lot site at KRW 50 million on December 30, 2015; (c) the Plaintiff KRW 30 million on May 18, 2016;

6. The transfer of KRW 30 million in total, KRW 46 million in total, and KRW 156 million in each account was made on October 17, 27;

(A) On October 19, 2016, the Defendant completed the registration of ownership transfer based on sale and purchase with respect to 171/1721 shares out of a parking lot site on October 19, 2016, and subsequently, on March 10, 2017, the registration of ownership transfer based on joint ownership division for the remaining 150/1721 shares (Evidence 4). (C) The Defendant’s joint Defendant D of the first instance court of the Defendant-friendly job offering around July 21, 2016, supplied by N Co., Ltd. (hereinafter “N”) for “O apartment unit” (hereinafter “N”), and the payment schedule was KRW 880,000,000,000 for the intermediate payment at the time of the contract, KRW 14,000,000,000,000 for the intermediate payment, respectively.

(No. 13). 2 On the other hand, the Plaintiff’s own No. 40 million won from his own Nonghyup Bank account on July 19, 2016,

7. On two occasions in 20. 20. 15 million won, 25 million won, 80 million won in cash, and the defendant withdrawn the above money, respectively, from the date when the plaintiff withdraws the money.

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