beta
(영문) 수원지방법원성남지원 2019.02.28 2017가단11116

대여금 등

Text

1. As to the Plaintiff KRW 119,326,60,603 and KRW 80,000 among them, the Defendant shall pay to the Plaintiff KRW 39,326,60,03.

Reasons

1. Basic facts

A. After completing the report of marriage on April 11, 1984, the Plaintiff and the Defendant filed a report of divorce on April 21, 2003 with her husband and wife (here, 1985 birth).

Then, around October 2012, the Defendant proposed that the Plaintiff would live together with his/her father in Seongbuk-gu D apartment E (hereinafter “D apartment”) in Seongbuk-gu, Seongbuk-gu, Seongbuk-gu, Seoul. The Plaintiff accepted it and began to reside in the above D apartment from November 23, 2012 to the Defendant.

B. The Defendant purchased an apartment unit with a security deposit, loan, etc. raised by leasing or providing it as security after the purchase of the apartment unit with the right to collateral security after the divorce in 2003, and purchased the apartment unit with five bonds including the above D apartment from around 2006 to around 2010, and owned the apartment unit with six bonds.

Around September 2012, only the maximum debt amount of the establishment registration of a neighboring apartment, 1.155 billion won, and 380 million won in total, for the registration of the establishment of a right to lease on a deposit basis.

C. On September 7, 2012, the Defendant: (a) prepared a contract with the Plaintiff to sell F apartment G units of the F apartment unit in Sungnam-si, Sungnam-si to the Plaintiff at KRW 24 billion; and (b) borrowed KRW 20 million from the Plaintiff on the same day.

At the time the Defendant proposed the Plaintiff to live together with another person around October 2012, the Plaintiff had resided with his/her father in the Honam-si H apartment I (hereinafter “H apartment”) of Sungnam-si, Sungnam-si, a rental apartment.

On November 23, 2012, the Plaintiff: (a) lent the above H apartment to J an amount of KRW 180 million; (b) obtained loans from K Bank KRW 475 million from K Bank as security; and (c) KRW 100 million from L Federation, respectively.

On the same day, the registration of creation of a lease on a deposit basis with the Defendant, the debtor, the mortgagee of the right to collateral security (the maximum debt amount of KRW 420 million) and the debtor, the debtor, the debtor of the lease on a deposit basis, the lease on a deposit basis (the lease on a deposit basis), which was completed on the D apartment, was revoked, and the above H apartment was revoked.