beta
(영문) 광주고등법원(제주) 2013.01.09 2012나664

대여금등

Text

1. Of the judgment of the court of first instance, the part of the judgment against the plaintiff, which orders the defendants to pay below.

Reasons

1. Basic facts

A. Following the completion of the registration of ownership transfer in B’s name, B was married with K and L, and M was dead without reporting the marriage in around 1948.

B tried to find L in around 1964, and L was not recorded in the family register as M's wife, and L was recorded in the family register as K and L's wife and entered B's wife P as N and B's wife, and B had lived together with L from that time until August 11, 1996 when L died.

(2) On June 14, 1983, K died, and B around December 14, 1994, around December 14, 1994, obtained a certificate of guarantee as to the 4,076 square meters (hereinafter “the instant land”) prior to the Jeju-si R, Jeju-si, where K owned under the former Act on Special Measures for the Registration, etc. of Ownership of Real Estate (amended by Act No. 4502, Nov. 30, 1992; hereinafter “Special Measures Act”).

The above guarantee stated that “B was donated the instant land by K on December 5, 1965,” but the Defendant’s surety heard the horses that the Defendant agreed with the other children of K and prepared the said guarantee.

(3) B submitted a written confirmation to the Jeju-do North Jeju-gun, the competent authority, and received a written confirmation, and completed the registration of ownership transfer based on the donation made on June 29, 1995 by Jeju District Court No. 44877, Dec. 5, 1985, pursuant to the Act on Special Measures for the Land of this case.

B. Following the completion of the registration of the establishment of a neighboring mortgage and the registration of the creation of superficies under the name of the plaintiff (1) B, S provided the land of this case under the name of B on April 24, 2006 and borrowed money from the plaintiff. Accordingly, B was a contract date between the plaintiff and the plaintiff on the same day.