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(영문) 울산지방법원 2016.08.26 2013가단35749

대여금

Text

1. The defendant shall pay to the plaintiff the amount of KRW 289,405,348 and the amount of KRW 50,548,98 among them, from December 11, 2013 to the date of full payment.

Reasons

1. Basic facts

A. On September 3, 2010, the Defendant requested the name transfer from C and D for purchase and loan of land. On September 3, 2010, the Defendant purchased KRW 826 square meters from E and F prior to Ulsan-gun, Ulsan-gun, which was unaware of the circumstances of the name transfer on September 3, 2010, and completed the registration of ownership transfer on October 1, 2010 under the Defendant’s name with the registration of Ulsan District Court and its receipt under Article 87137.

(2) At the time, the Plaintiff was set up a collateral security right of KRW 628 million with respect to the land above (hereinafter “mortgage 1”) on October 1, 2010 with respect to the Defendant’s lending of approximately KRW 500 million to the Defendant (hereinafter “loan 1”), and on October 1, 2010, with respect to the said land (hereinafter “mortgage 1”).

B. On February 17, 2011, the Defendant: (a) again requested the name transfer for the purchase and loan of land from the above C and D; and (b) on February 17, 201, the Defendant purchased each of the following: (a) 663 square meters prior to Ulsan-gun, Ulsan-gun I; (c) 1719 square meters prior to the name transfer; (d) 6 square meters of J forest; and (e) 296 square meters prior to L (hereinafter “each of the instant secured lands”); and (b) purchased each of the instant secured lands under the name of the Defendant under the name of the Ulsan District Court No. 14261.

(2) On the same day, the Plaintiff provided an additional loan to the Defendant by setting the overdue interest rate of KRW 910 million as February 17, 2014, and setting the overdue interest rate of KRW 18% per annum as 18% per annum.

(3) As to each of the secured land of this case, the Plaintiff, as described in the preceding paragraph, was jointly mortgaged by the maximum debt amount of KRW 1,90,000 for which the registration of ownership transfer was completed under the name of the Defendant.

C. On the other hand, as the Plaintiff and C, and C, and D could not pay interest on the first loan obligation, the Plaintiff applied for a voluntary auction on the first mortgage land by Ulsan District Court M&D on October 7, 201, but withdrawn the application for the auction on November 1, 201.

(2) Subsequent to this, the Defendant is as C and D on May 31, 2012.