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(영문) 인천지방법원 2020.10.23 2019나67886
대여금
Text

All appeals by the defendants are dismissed.

The costs of appeal shall be borne by the Defendants.

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Basic facts

A. (1) On July 25, 2009, the Plaintiff loaned KRW 30,00,000 to Defendant B and his wife as of November 25, 2009. (2) During the Do in which the Defendants did not repay the said loan, Defendant C made payment of KRW 10,000,000 to the Plaintiff on November 1, 201, respectively, until February 28, 2012, and the amount of KRW 19,000,000 to the interest rate of KRW 30,000 until March 30, 2012.

B. (1) On May 10, 2012, the Plaintiff of the ownership ownership of each real estate in Cheongjin-gun, Jinjin-gun, Incheon, Inc. (hereinafter the above land is referred to as “first real estate”) among Defendant C’s 1/2 shares (hereinafter the above land is referred to as “the instant real estate”), and the said shares are referred to as “the instant first real estate shares”.

As to the Plaintiff, the registration of transfer of ownership was completed on March 20, 2012. The transaction value stated in the certificate of real estate registration is KRW 100,00,000. At the time, the first real estate of this case was completed on the ground of a contract establishing the same person on July 28, 2005, the registration of creation of superficies of HA association was completed on the ground of the establishment of a neighboring mortgage-holder HA association, debtor I, Defendant I, the maximum debt amount of KRW 91,00,000, and the same contract establishing the superficies of HA association. (2) On September 18, 2012, the Plaintiff of reinforced military real estate of this case was registered on September 18, 2012 as the “second real estate of this case.”

The plaintiff completed the registration of ownership transfer on September 6, 2012.

The transaction value stated in the certificate of real estate registration is KRW 71,00,000.

At the time, on April 10, 207, the establishment registration of superficies was completed on the ground of the establishment registration of a mortgage-holder HA, the debtor C, the maximum debt amount of KRW 97,500,00 for the same contract, and on the ground of the same contract, the registration of the creation of superficies of the HH association was completed. In addition, on January 16, 2012, the same person was the same.

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