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(영문) 광주고등법원 2020.12.09 2020나20783

대여금

Text

The defendant's appeal is dismissed.

Expenses for appeal shall be borne by the defendant.

Purport of claim and appeal

purport.

Reasons

Basic Facts

Attached Form

C Co., Ltd. (hereinafter referred to as “C”) on July 1, 2015, the right relationship of each of the lands listed in paragraphs (1) through (3) of the List of Real Estate List 1, 2, and (3) (hereinafter referred to as “instant 1, 2, and 3”) completed the registration of ownership transfer for reasons of sale on May 27, 2015, with respect to D 1/2 shares. The Plaintiff, the representative director of C, as indicated in the List of Real Estate List 4, 5, and 6 (hereinafter referred to as “instant 4, 5, and 6”) on July 1, 2015, completed the registration of ownership transfer for reasons of sale on May 27, 2015.

On August 25, 2011, the land of this case was completed by the mortgagee E Co., Ltd. (hereinafter “E”), the maximum debt amount of KRW 900 million, and the debtor, F and D, the establishment registration of the mortgage (hereinafter “instant first-class mortgage”). On July 1, 2015, C acquired the secured debt of D’s instant first-class mortgage as of July 1, 2015. On the same day, the registration of the alteration of the first-class mortgage, which changed D to C, among the debtors of the instant first-class mortgage, was completed.

C and the Defendant: (a) around 2016, in order for the Plaintiff to acquire F-ownership 1/2 shares of each of the instant lands, the Defendant acquired the instant first-class collateral in E by subrogation the entire amount of the secured debt of the instant first-class collateral security and by subrogation of the person liable for reimbursement; (b) applied for a voluntary auction on F-ownership 1/2 shares; (c) purchased them in the auction procedure; and (d) the Defendant planned to terminate the instant first-class collateral security agreement, which remains in C and 1/2 shares of each of the instant lands.

On October 27, 2016, the Defendant paid the full amount of KRW 613,938,190 to E with the amount borrowed from the Plaintiff and from a third party, etc., which was paid by the Plaintiff on October 27, 2016, and paid the full amount of KRW 613,938,190 for the secured debt of the instant first-class collateral security.