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(영문) 대전지방법원 2017.02.08 2016가단206472
대여금
Text

1. On October 28, 2015, with respect to one-half of the real estate listed in the separate sheet among the instant lawsuit, between the network B and the Defendant.

Reasons

1. Facts of recognition;

A. On June 12, 2015, the Plaintiff jointly and severally and severally guaranteed each of the above loan obligations when he/she borrowed KRW 8,000,000 from Alley Capital Loan Co., Ltd. and Oral wave Social Loan Co., Ltd. (hereinafter “the deceased”).

On January 18, 2016, the Plaintiff paid 8,000,000 won to Alley Capital Loan Co., Ltd., and 8,251,801 won by subrogation to the social loan created by Ompha Co., Ltd.

In addition, the Plaintiff lent KRW 1,500,000 to the Deceased.

B. On May 17, 201, the Deceased and the Defendant purchased at KRW 218,00,000, aggregate of one half of the instant real estate owned by E from May 17, 201 as a legal couple, and received the registration of ownership transfer as to one half of the instant real estate on August 24, 2011.

On October 28, 2015, the Deceased entered into a contract with the Defendant to donate one half of the shares in the name of the Deceased (hereinafter “instant shares”) among the instant real property to the Defendant (hereinafter “instant donation contract”) and completed the registration of ownership transfer with respect to the instant shares under the name of the Defendant on the same day.

C. The Deceased did not have any property other than the instant share at the time of the instant donation contract.

On August 24, 2011, the right to collateral security (hereinafter “the right to collateral security”) was established on August 24, 201 with a view to raising purchase funds. On August 17, 2015, the right to collateral security (hereinafter “the right to collateral security”) was set at F, the debtor, the deceased, and the maximum debt amount of KRW 30,000,000.

The registration of the establishment of the right to collateral security was cancelled on October 28, 2015, which entered into the instant donation contract.

The real estate of this case is equivalent to 218,000,000 won at the market price, and the amount of the secured debt of the right to collateral security of this case is KRW 100,000,000.

A The instant donation contract on March 28, 2016.

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