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(영문) 수원지방법원성남지원 2017.08.18 2016가단19687

대여금

Text

1. The Defendant: (a) KRW 22,300,000 for the Plaintiff and 5% per annum from September 7, 2016 to August 18, 2017.

Reasons

Basic Facts

- The Plaintiff entered into a title trust agreement with the Defendant regarding the second floor D's housing (hereinafter referred to as the "instant housing"), which is owned by the Plaintiff's father-gu, Sungnam-si, Sungnam-si, Sungnam-si, and accordingly, the Plaintiff entered into a title trust agreement with the Defendant on the instant housing (hereinafter referred to as the "instant housing"), and accordingly, the ownership transfer registration under the name of the Defendant was completed on May 22, 2007 as the receipt of

- The registration of the establishment of a three neighboring mortgage with the debtor as the defendant was completed as shown in the table below with respect to the housing of this case, and the registration of the establishment of a neighboring mortgage as listed in No. 3 of the table No. 3 was cancelled on September 28, 2009, and on September 29, 2009.

No. 12,00,000 won, which was received on September 5, 2007, No. 52500, Feb. 2, 2000, which was received on April 24, 2008, No. 23839, No. 330,000,000 won, and No. 31594, which was received on May 29, 2008 / [based on recognition] without any dispute, the summary of the claim by the Plaintiff, No. 1, No. 1, and No. 1, and No. 1, No. 1, and No. 1, and the purport of the entire pleadings, pursuant to the title trust agreement concluded between the Plaintiff and the Defendant, the actual owner of the instant house is C, who is a parent of the Plaintiff.

Nevertheless, without the consent of the plaintiff, the defendant obtained a loan from the Song-gu Agricultural Cooperative, E, and E-Stop Savings Bank as collateral for the instant house, and the plaintiff subrogated 54,300,000 won of the defendant's loan.

In addition, if the mother did not pay KRW 5,000,000 through F, the Defendant threatened the Plaintiff to not transfer the name of the owner of the instant housing to the Plaintiff, thereby taking 5,000,000 from the Plaintiff.

Therefore, the defendant is obligated to pay to the plaintiff KRW 59,300,000 and damages for delay.

On April 24, 2008, the defendant was given a loan to the defendant on April 24, 2008.