beta
(영문) 수원지방법원성남지원 2014.04.11 2013가합948

대위변제금반환 등

Text

1. The Defendant’s KRW 87,165,125 as well as 5% per annum from June 15, 2013 to April 11, 2014 to the Plaintiff.

Reasons

1. Basic facts

A. D’s establishment of a right to collateral security on the instant real estate owned by the Defendant on May 20, 2009 on May 20, 2009, with a maximum debt amount of KRW 156 million on the registry No. 1,000,000 (hereinafter “instant right to collateral security”).

(2) On March 4, 2010, D established a collateral security (hereinafter “mortgage 3”) with respect to the instant real estate, and obtained a loan of KRW 80 million from the Defendant on March 5, 2010, from the Defendant on April 30, 2010.

3) On August 5, 2010, D shall be the right to collateral security (hereinafter “mortgage 4 of this case”) with a maximum debt amount of KRW 130 million, not exceeding the maximum debt amount No. 4,000,000,000,000 in the registry No. 4, column No. 4

4) On March 25, 2011, D created a collateral security (hereinafter “mortgage 5”) with a priority order number No. 5,000,000 won for the instant real estate to secure a loan obligation against E, and D created a collateral security (hereinafter “mortgage 5”) with respect to the instant real estate to E on March 25, 201.

B. (1) On August 25, 2011, the Plaintiff entered into a real estate sales contract with D to purchase KRW 265/552 of the instant real estate amounting to KRW 150 million (to substitute for acquiring debts of KRW 150 million against D’s credit union) between D and D, and paid KRW 250 million of the instant real estate amount to KRW 260 million of the instant real estate amount. D to purchase KRW 25 million of the down payment on August 25, 2011, KRW 25 million of the intermediate payment, and KRW 80 million of the instant real estate amounting to KRW 60 million of the instant real estate amounting to KRW 7 million on September 18, 201, KRW 2000 of the instant real estate amounting to KRW 70 million of the instant real estate amounting to KRW 70 million on December 16, 2011.