beta
(영문) 수원지방법원 2020.12.22 2020가단520983

양수금

Text

1. The defendant shall pay to the plaintiff KRW 200,000 and KRW 100,000 among them, from February 26, 2020 to March 19, 2020.

Reasons

1. Basic facts

A. 1) On March 21, 2011, the Defendant added the land in the said three lots to “Glyri land” and added up the land in the said three lots of land to 2,509m2,509m2, E prior to E, 131m2, and F, 5,911m2 (hereinafter referred to as “Glyri land”).

(2) On March 25, 2011, H Association (hereinafter “H Association”) concluded an exchange contract with respect to the land of Gri, and completed the registration of ownership transfer under the name of the Defendant on March 25, 201, extended loans to the Defendant on March 25, 201, with the maturity of KRW 253 million paid to the Defendant on March 25, 201.

(B) On March 30, 201, the Defendant purchased 12,000 square meters prior to the JJ (hereinafter “J land”) from I on the purchase price of KRW 60 million, and completed the registration of ownership transfer in the name of the Defendant on March 31, 201, as to the land of H association and Gri, the Defendant concluded a mortgage agreement with the debtor, and on the same day, concluded a mortgage agreement with the debtor. (b) On March 30, 201, the Defendant purchased 12,13 square meters prior to the JJ (hereinafter “J land”).

2) On April 4, 2011, H Union granted a loan of KRW 160 million to the Defendant on April 4, 201, setting the due date for payment on April 4, 2014 (hereinafter “second loan claim”).

(3) On March 31, 2011, the Defendant concluded a mortgage agreement with H Association and J land of KRW 224 million with the debtor as to the maximum debt amount, and concluded a mortgage agreement with the debtor, and completed the registration of establishment of a mortgage to H Association on April 4, 2011.

C. On July 16, 2014, H union (1) filed an application for voluntary auction (K) with respect to G Ri land at the Youngcheon District Court Youngcheon District Branch, and received voluntary auction decision on July 16, 2014, and paid in full the sale price on June 26, 2015 after L was sold at the auction procedure. (2) The Suwon District Court received voluntary auction decision on July 14, 2014 with respect to G land from Suwon District Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch issued an application for voluntary auction (M) and paid in full the sale price on August 20, 2015 with N in the auction procedure.