beta
(영문) 춘천지방법원원주지원 2014.12.29 2014가합5346

손해배상 등

Text

1. Defendant B’s KRW 100,000,000 as well as 5% per annum from April 11, 2014 to December 29, 2014 to the Plaintiff.

Reasons

1. Basic facts

A. The Plaintiff and Defendant B are those who lived with, and have been in a relationship with, the Plaintiff and Defendant B from November 2004 to March 2014.

Defendant D is a co-car of Defendant B, and Defendant C is a co-car of Defendant B as the wife of Defendant D.

B. On February 28, 2008, Defendant B purchased at KRW 22,500,000,000 for the 801th E Apartment-gu, Taedong-gu (hereinafter “instant apartment”) and completed the registration of the transfer of ownership on March 4, 2008. Upon the commencement of the auction procedure for the real estate of the instant apartment, the F, who is the land owner of Defendant B, was awarded a successful bid on January 16, 2009, and on the same day, the F’s loan obligation against the Daejeon Livestock Cooperative was the secured debt, and the registration of the establishment of a mortgage was completed on the instant apartment with the maximum debt amount of KRW 12,200,000,000 with the debtor F as the secured debt.

On May 6, 2010, the Plaintiff completed the registration of ownership transfer for the apartment of this case on the ground of sale in the future of the Plaintiff.

(F) In light of the fact that the transaction value on the register is entered as KRW 135 million with respect to the registration of transfer of ownership, the above F's loan obligations are taken over.

Defendant B pays KRW 100,000 to the Plaintiff around December 1, 2010, the Plaintiff paid KRW 100,000 to the lessee of the instant apartment building under the Plaintiff’s name (i.e., payment of taxes in arrears, etc. arising from the sale and purchase of real estate (G lending) and the payment of taxes in arrears, etc.) on March 3, 200 of the Plaintiff’s apartment building name and the monthly payment of interest on the loan (hereinafter “instant confirmation”) indicated as follows: < Amended by Presidential Decree No. 22406, Nov. 29, 2010; Presidential Decree No. 22420, Dec. 7, 2010; Presidential Decree No. 22425, Dec. 29, 2010; Presidential Decree No. 20650, Feb. 7, 2010; Presidential Decree No. 20650, Feb. 6, 2015>