청구이의
1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
Purport of claim and appeal
The first instance court.
1. The following facts may be found either in dispute between the parties or in combination with Gap evidence Nos. 1, 2, and Eul evidence Nos. 1, 3, and 4 (including branch numbers), and the testimony of witness G of the first instance court and the whole purport of the pleading. A.
The Plaintiff owned 1,066m2 (hereinafter “instant land”). On the ground, the instant building was constructed with cement brick structure, sloping roof, community hall, etc. owned by D Saemaeul Association (hereinafter “instant building”). On the other hand, on October 16, 2006, the Plaintiff completed the attachment registration (hereinafter “instant attachment registration”) on October 12, 2006 with the right holder on the instant land as Suwon-si, Suwon-si, and the grounds for registration (hereinafter “instant attachment registration”).
B. On June 21, 201, the Plaintiff prepared and delivered to the Defendant a certificate of loan stating that “The above amount shall be borrowed with the registration and seizure related to the sale and purchase of C, and shall be deducted at the time of payment of the purchase price of the said land” (No. 1; hereinafter “the instant certificate of loan”).
C. On June 22, 2011, the Defendant remitted KRW 659,420 to the Suwon-si Heading Tax Office, and on the same day, the instant attachment registration was cancelled.
On August 18, 2011, the Plaintiff completed the registration of ownership transfer based on sale (transaction price of KRW 3,000,000) on the instant building under the name of the Plaintiff on June 27, 2011.
E. After that, on August 18, 201, each of the instant land and buildings had been completed on the ground of payment in kind on August 11, 2011, the Plaintiff’s obligee E, the Plaintiff’s obligee.
F. The Defendant remitted KRW 710,600 to the Korea Cadastral Survey Corporation on November 23, 2011, and paid KRW 400,000 to H companies on January 15, 2012.
G. On May 17, 2016, the Defendant filed a lawsuit against the Plaintiff seeking the payment of the loan by Suwon District Court Decision 2016Gau1324, the Sungwon-gun Branch Court 2016. The Defendant was on June 14, 2016.