beta
(영문) 서울북부지방법원 2016.02.05 2014나6129

구상금

Text

1. The part against the plaintiff falling under the following order of payment among the judgment of the court of first instance shall be revoked:

The defendant.

Reasons

1. Facts of recognition;

A. The Plaintiff is the mother of C, and the Defendant, as the former husband of C on March 22, 2001, married with C on March 22, 2001, but married by agreement on November 30, 201.

B. A real estate acquisition and title trust 1) The Plaintiff agreed with the Defendant to title trust the two-story detached houses owned by the Plaintiff with the Defendant on March 2004, and completed the registration of ownership transfer with respect to the said detached houses on March 23, 2004. (2) The Defendant purchased the Dongdaemun-gu Seoul Eastdong 108 Dong 103 (hereinafter “instant apartment”) on October 27, 2006, and completed the registration of ownership transfer with respect to the instant apartment under the name of the Plaintiff on December 14, 2006, with the Plaintiff on October 27, 2006.

Since then, the defendant delegated C with the authority to manage the apartment of this case.

C. On May 20, 2004, the Plaintiff acquired F Housing and subrogated for a loan (hereinafter “F Housing”) jointly with C on May 20, 2004, with the Seoul Dongdaemun-gu Seoul Metropolitan Government F large-73 square meters and its ground (hereinafter “F Housing”).

(B) The Plaintiff purchased KRW 147 million from G, and paid KRW 1/2 of the purchase price with C, and agreed to complete the registration of ownership transfer in the future, C shall complete the registration of ownership transfer. During that process, C shall bear KRW 73.5 million (= KRW 147 million) to be borne by the Plaintiff ± KRW 30 million among the two.

1. The money borrowed from three community credit cooperatives was paid instead of the money borrowed.

2) C completed the registration of ownership transfer on F housing on June 22, 2004, and thereafter, the Plaintiff, while holding a passbook under the above community credit cooperatives under C, repaid the loan principal to the above community credit cooperatives a sum of KRW 2 million on December 1, 2004, KRW 4.5 million on March 7, 2005, KRW 10 million on August 31, 2005, and KRW 4.5 million on August 31, 2005 ( KRW 2 million + KRW 4.5 million + KRW 3.5 million) and interest on loans each month. D. 1) C is below the National Bank of Korea on December 14, 2006. < Amended by Act No. 7943, Dec. 14, 2006>