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(영문) 서울고등법원 2017.03.17 2016나2031686

대여금

Text

1. Revocation of the first instance judgment.

2. The plaintiff's primary claim and the ancillary claim added by this court are all available.

Reasons

1. Basic facts

A. On July 4, 2005, the husband of the Plaintiff and the Defendant’s husband I, C’s husband J (under the following, when referring to the purchaser of the land or the title holder of co-ownership under the following, including the Plaintiff, I, or the Defendant, J, or C, hereinafter “Plaintiff, etc.”) purchased 4,958 square meters of land in Yangyang-gun, Gangwon-do, and E, 4,958 square meters of forest land (hereinafter “each land before the instant partition”).

B. On July 7, 2005, with respect to shares of 3/12 of each of the above lands, the registration of ownership transfer was completed in the name of the Plaintiff and the Defendant, and with respect to shares of 6/12 of each of the above lands, the registration of ownership transfer was completed in the name of C on July 4, 2005.

C. On March 26, 2008, the Plaintiff et al. purchased each land before the instant subdivision and sold each of the said land to K seeking a construction project at KRW 1.6 billion.

However, on January 9, 2010, K transferred its business rights to M Co., Ltd. (hereinafter “M”) which operates L due to difficulties such as shortage of funds.

Plaintiff

B. The Plaintiff, etc. and M set the purchase price of each land before the instant subdivision as KRW 1.6 billion, and among them, KRW 1 billion was paid by the Plaintiff, etc. through the method of distributing each land by receiving a loan as security.

Plaintiff

On April 13, 2009, etc. offered each land before the instant division as security and received a loan of KRW 500 million from the Yangyang Saemaul Depository (hereinafter “instant primary loan”). On January 31, 2011, the debtor was F (L) and repaid KRW 1 billion from the same safe (hereinafter “the instant secondary loan”).

E. On February 9, 201, each of the instant lands before the instant partition is divided into nine parcels (hereinafter “each of the instant parcels after the instant partition”). The land was divided into nine parcels (i.e., the entire land before or after the instant partition. When referring to the entire land after the instant partition, each of the instant parcels was divided into “each of the instant parcels”).

F. As to D forest and E forest after the instant division, the name of G (F) was made on February 14, 201 on the ground of donation on February 11, 201.