대여금
1. Revocation of the first instance judgment.
2. The plaintiff's primary claims, including claims added or expanded by this Court.
1. Facts recognized;
A. The Plaintiff, even though the original name of H was “D”, was named as “E”, and was re-registered as “H”.
From the following point of view, “H” is not distinguished from before and after the opening of a name.
B. On June 15, 1995, upon reporting the marriage and maintaining the matrimonial relationship, the parties filed a lawsuit claiming divorce and consolation money, etc. with Suwon District Court 2016ddan503142 on April 14, 2016 and received a favorable judgment by service by public notice on March 21, 2017.
The defendant is the mother of H, and I is the plaintiff's mother.
B. On May 21, 2008, the Defendant was present at H on May 21, 2008, and “from the day after 1,253 square meters before J and Gwangju-si, F.” is the instant land.
From the next day of the sales contract as follows, "the sales contract of this case" for the following purposes:
(1) On June 12, 2008, the transfer registration of ownership was completed in the Defendant’s future on June 30, 2008. (1) The purchase price is KRW 260,000,000. (2) The J received the down payment of KRW 20,000,000 upon entering into a contract. (3) The Defendant received the intermediate payment of KRW 100,000 from J on June 12, 2008. (2)
6. The balance of 25.20 million won shall be paid respectively; and
C. Meanwhile, in the Agricultural Cooperative account opened in the name of the Plaintiff, KRW 20,600,000 on May 21, 2008;
6. 23. 152,00,000 won was withdrawn respectively, and KRW 100,000,000, which was kept by H at the time, was used to pay the purchase price or all other expenses for the purchase of the instant land.
As to the instant land, ① on May 24, 2010, the maximum amount of debt was “240,000,000 won”; the debtor was “Defendant”, the mortgagee’s right to collateral security, and the registration of the establishment of a neighboring mortgage (hereinafter “registration of the establishment of a neighboring mortgage”) with the Plaintiff, I, and H; ② on September 6, 2010, the right to be preserved was completed by the “right to claim the registration of the transfer of ownership based on the sale on August 12, 2008”; and the registration of the provisional disposition prohibiting the disposal of the creditor as “H and I” (hereinafter “registration of the entry of a provisional disposition”).
E. H on December 18, 2015