beta
(영문) 수원지방법원 2017.01.12 2014가합14071

대여금

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On May 6, 2013, the Defendant entered into a real estate exchange agreement with C Co., Ltd. (hereinafter “C”) with the content that: (a) the Defendant shall exchange each of the instant real estate E Nos. 312 through 316 (hereinafter “each of the instant real estate”) and the remaining-gu Incheon Metropolitan City F and its ground buildings owned by C; (b) the exchange difference between C and the Defendant shall pay KRW 908,00,000 to the Defendant.

B. C completed the registration of ownership transfer on May 14, 2013 with respect to each of the instant real property on the grounds of exchange on May 6, 2013.

C. Upon receipt of a proposal from C’s audit G to allocate a certain amount of profit when investing in each of the instant real estate, the Plaintiff paid C a total of KRW 230 million on May 13, 2013 and KRW 20 million on September 3, 2013, and remitted KRW 300 million to C’s deposit account in the Defendant’s name on September 6, 2013.

C: (a) As to each of the instant real estate, the Plaintiff’s wife as the mortgagee, set up each of the instant collective security rights (hereinafter “each of the instant collective security rights”) with the maximum debt amount of KRW 200 million on May 14, 2013; (b) KRW 200 million on July 24, 2013; and (c) KRW 700 million on September 6, 2013; and (d) each of the instant collective security rights was cancelled on March 25, 2014 on grounds of termination on March 24, 2014.

E. On March 26, 2014, the Defendant completed a provisional registration of the right to claim a transfer of ownership on each of the instant real estate. On November 4, 2014, the Defendant entered into a contract for a transfer of ownership transfer right (provisional registration) with a stock company I (hereinafter “I”) to transfer the right to claim a transfer of ownership and the provisional registration with respect to each of the instant real estate in the amount of KRW 1.25 million. On November 11, 2014, I completed the provisional registration and the registration of ownership transfer with respect to each of the instant real estate.

F. The Plaintiff asserts that the Defendant and G et al. deceptioned the Plaintiff to cancel each of the instant collective security rights, and that the Defendant and G et al. were subject to a aggravated punishment, etc.