beta
(영문) 부산고등법원 2016.06.09 2015나54608

대여금

Text

1. Of the judgment of the court of first instance, the part against the plaintiff corresponding to the money ordered to pay below shall be revoked.

2. The defendant.

Reasons

1. Basic facts

A. The parties concerned both the Plaintiff and the Defendant are mother and child simplified, and G are the Defendant’s female and L (M: hereinafter “L”) are the Defendant’s male and female students.

B. On May 20, 1992, the plaintiff and the defendant purchased land and buildings E and secured loan 1 in Busan Dong-gu, Busan and the defendant on May 20, 1992 (hereinafter "E commercial building").

(2) The Plaintiff and the Defendant purchased the ownership transfer registration (the shares of the Plaintiff and the Defendant are one-half, respectively) in the name of the Plaintiff and the Defendant on June 23, 1992.

(2) The Plaintiff borrowed a total of KRW 450 million from the National Agricultural Cooperative Federation (hereinafter “CF”) as follows. As a security, the Plaintiff completed the registration of the establishment of a mortgage for the entire E commercial shares, including the Defendant’s shares, to the Plaintiff and the mortgagee as the National Agricultural Cooperative Federation.

On November 14, 2001, 2001, Dec. 2, 2001, 2001, the maximum debt amount of KRW 150 million in KRW 150 million in KRW 150,000,000 on August 28, 2007, which is KRW 150,000,000,000 won, KRW 1395,000,000 in KRW 180,000,000.

C. The Defendant purchased D Apartment Building Building Co., Ltd. (hereinafter “D Apartment Building Co., Ltd.”) from 108, 202, 203, 204, 205, and 303 (hereinafter “D Apartment Building Co., Ltd.”) located in Busan Seo-gu, Busan, as follows, and completed each registration of ownership transfer in the future of the Defendant.

The purchase price of KRW 202,58 million on February 16, 2002, KRW 203,000 on January 26, 2002, KRW 204, KRW 205,000,000 on January 29, 2002, KRW 205,000 on April 27, 2002, KRW 303,00,000 on April 11, 205, KRW 303,00 on April 27, 2002, KRW 415,50,000,000 on November 7, 2002

D. The Plaintiff, Defendant G, and L received the following money as the compensation for expropriation from Busan Metropolitan City.

Temporary Plaintiffs G L L 1, 271, 210, 650 won 180,80,807,100 won 180,80,807,100 won on Nov. 20, 2002 14,478,130 won [based on recognition] 1,2,367,120 won 204,367,120 won 204,367,120 won 14,478,130 won on Nov. 202, 200, there is no dispute over the 3,2,3,13 through 19,24, 28, 29, 30,31, 32, 41, 47, 53, 54 (including each number; hereinafter the same shall apply), and 3,7, 14, and 130 won