beta
(영문) 대전고등법원(청주) 2017.11.28 2016나371

대여금

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. On September 3, 2008, the Defendant completed the registration of creation of a collateral with regard to the mortgagee E and the maximum debt amount of KRW 260 million with respect to the land owned by Da, Jincheon-gun, Jincheon-gun, and 15 parcels of land (hereinafter “instant real estate”) in order to secure the above loan claims by lending KRW 200 million to C under the name of the Defendant’s spouse E.

(hereinafter “instant collateral security”). B.

However, the instant real estate had already been established by the senior mortgagee (the senior mortgagee: the Cheongju Credit Union, the Han River Credit Union, and the Cheongju Medium Credit Union (the two Before the modification), which is the sum of the maximum debt amount of KRW 1.3 billion, and the collective security right of G, which is the maximum debt amount of KRW 750,000,000, was additionally established after the completion of the registration of the establishment of the said collective security right of the E.

C. As to the instant real estate, the Cheongju District Court D (hereinafter “instant auction procedure”), the auction procedure for real estate was conducted. On July 5, 201, which was the third sale date, the J, acting for H and I, decided as the purchaser, and obtained a decision of permission for sale from the said court on July 12, 201 (hereinafter “instant decision of permission for sale”).

On July 27, 2011, the Defendant filed an immediate appeal against the instant decision to permit sale under the name of E, and deposited the deposit of KRW 1375 million (hereinafter “instant deposit”).

However, on July 27, 201, the Plaintiff received KRW 150,000 from K Co., Ltd. (hereinafter “K”) and transferred KRW 137,50,000 to the Defendant’s account, and on the same day, the Defendant prepared to the Plaintiff “the certificate of loan and the statement of performance” (hereinafter “the certificate of loan”) as follows, and the notary public prepared to the Plaintiff the “the certificate of loan and the statement of performance” (hereinafter “the certificate of loan”). The Defendant, E-day, KRW 137,50,00,000, as the Defendant and E-day, at the auction of Cheongju D.