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(영문) 서울고등법원 2016.06.23 2015나27103

차용금

Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1...

Reasons

1. Basic facts

A. The plaintiff is the father of the defendant's father E, and the defendant is the father of the defendant's father.

B. 1) On December 6, 2007, the Plaintiff purchased and sold the land in the attached list No. 1 (hereinafter “instant land”) from the Defendant on December 6, 2007.

(2) On December 27, 2007, when the Plaintiff acquired the ownership of the instant land No. 1, the Plaintiff completed the registration of ownership transfer under the Plaintiff’s name on the instant land No. 1 (hereinafter “instant land”) and the land indicated in attached Table No. 2, owned by the Defendant (hereinafter “instant land”). As to the instant land and the land collectively owned by the Defendant, the maximum debt amount of KRW 292 million is KRW 1,000,000,000,000,000,000,000,000 won, and the debtor, the Defendant, and the Defendant, and the Plaintiff’s real agricultural cooperative (hereinafter “OF”) for the establishment of a mortgage (hereinafter “the instant first collateral security registration”) and the registration of creation of superficies was completed.

C. 1) On October 2009, the Plaintiff purchased the instant land from the Defendant in KRW 150 million between the Defendant and the Plaintiff on the condition that the Plaintiff would substitute for the payment of the purchase price by acquiring the amount equivalent to the purchase price out of the Defendant’s obligations against the Defendant’s agricultural cooperatives secured by the first collateral security right (hereinafter “instant sales contract”) among the Defendant’s obligations against the Defendant’s agricultural cooperatives secured by the first collateral security right.

(2) On October 16, 2009, the Plaintiff completed the registration of creation of a collateral security (hereinafter “registration of the collateral security”) with respect to each of the instant land as the maximum debt amount of KRW 490 million, the debtor, and the mortgagee of the right to collateral security (hereinafter “registration of the instant second collateral security”) and received loans of KRW 350 million,00,000,000 from the Agricultural Cooperatives, and on behalf of the Defendant on October 22, 2009.