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(영문) 서울서부지방법원 2020.11.05 2019나2166
대여금
Text

In accordance with a claim that has been changed to an exchange at the trial, the defendant shall pay to the plaintiff KRW 49,000,000 as well as the plaintiff on July 20, 202.

Reasons

1. Basic facts

A. On December 15, 2014, C sold to the Defendant the purchase price of KRW 250,000,000, KRW 250,000,00 in total, the sales price of which was KRW 972 square meters in Gyeonggi-do, Gyeonggi-do, E, 1,842 square meters in size, F 409 square meters in size, and G 584 square meters in size (hereinafter collectively referred to as “each of the instant real property”).

(hereinafter “instant trade”). (b)

At the time of the instant purchase and sale contract, each of the instant real estates was completed with the establishment registration of a mortgage of KRW 130,000,000 with the maximum debt amount of KRW 13,000,000, and the maximum debt amount of KRW 13,000,000, each of the instant real estates, which was set up on October 29, 2014, and the registration of the establishment of a mortgage of the debtor C and C, and H-mortgage (hereinafter “previous collateral security”).

In addition, on December 4, 2014, the IF applied for a voluntary auction on each of the instant real estate based on each of the instant collateral mortgages and rendered a voluntary decision to commence auction on December 4, 2014.

C. According to the instant sales contract, the registration of ownership transfer was completed on January 15, 2015 with respect to each of the instant real estate, and on the same day, each of the said collective security rights and the previous collective security rights of the IF was revoked on the grounds of termination, and the voluntary application for commencement of auction was withdrawn on January 16, 2015.

Meanwhile, as to each of the instant real estate, the establishment registration of a mortgage (hereinafter “mortgage”) was completed on January 15, 2015, on the ground of the contract that was concluded as of January 15, 2015, on the grounds of the contract that was concluded as of January 15, 2015. The establishment registration was completed on the grounds of the contract that was concluded as of January 15, 2015, the maximum debt amount of KRW 208,000,000 for maximum debt amount of KRW 60,000 for total debt amount, the debtor, the debtor, and the mortgagee of the right to collateral security (hereinafter “mortgage”).

H The Plaintiff, who died on October 7, 2018, was sentenced to the punishment of the deceased H (hereinafter “the deceased”), completed the registration of the transfer of a right to collateral security on May 8, 2019 on each of the instant real estate by inheritance.

[Reasons for Recognition] Facts without dispute, Gap evidence 1 to 3, and Eul evidence 1.

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