대여금
1. The Defendant (Counterclaim Plaintiff) shall pay 93,595,698 won to the Plaintiff (Counterclaim Defendant) and KRW 79,306,043 out of the above amount. < Amended by Act No. 11614, Mar. 2, 2013>
A principal lawsuit and a counterclaim shall be deemed simultaneously.
1. Basic facts
A. The plaintiff and the defendant are the father-child, and the plaintiff are the children of the defendant.
B. On October 2, 2002, the Defendant purchased from C 852 square meters, and completed the registration of ownership transfer on December 7, 2002, the registration of accommodation with the trade name “E”, and operated accommodation facilities.
At the time, the establishment registration of the instant real estate was completed, consisting of the debtor FF, the mortgagee Samsung Life Insurance Co., Ltd. (hereinafter referred to as the “Masung Life”) and the maximum debt amount of KRW 378 million (270 million as the secured debt amount). However, the Defendant agreed to acquire the said debt upon the purchase of the instant real estate.
C. On May 15, 2003, the registration of the establishment of a neighboring Samsung Bio-resources, which was established on the instant real estate, was cancelled on May 15, 2003. On the same day, the registration of the establishment of a neighboring mortgage consisting of the debtor, the plaintiff, the National Bank of Korea Co., Ltd. (hereinafter "National Bank"), the maximum debt amount of KRW 195 million was completed.
On June 2009, the Plaintiff entered into a contract with G to exchange the instant real estate owned by the Defendant with the difference of KRW 45 million on each real estate listed in the separate sheet owned by G as indicated in G ownership.
(hereinafter “instant exchange contract”). On June 29, 2009, the Plaintiff completed the registration of transfer of ownership in the name of each Plaintiff on July 1, 2009 with respect to the real estate listed in paragraph (2) of the attached Table No. 2, 200 square meters in the name of each Plaintiff, instead of the real estate listed in paragraph (1) of the attached Table No. 1.
(hereinafter “each exchange real estate of this case”). (e)
G reselled the registration of ownership transfer with respect to the instant real estate to I before completing the registration of ownership transfer.
In order to omit G from the Defendant’s name and complete the registration of ownership transfer in the first place, the seller, the buyer, I, and the sales price of KRW 375 million shall be KRW 150 million on June 10, 201.