beta
Text
The judgment of the first instance court, including a claim to be modified and added at the trial court, shall be modified as follows:
The plaintiff.
Reasons
1. Basic facts
A. The Plaintiff and the bankrupt debtor B shared expenses for the purpose of obtaining the resale marginal profit, and purchased the instant real estate E (hereinafter “the instant real estate E”) in Yongsan-gu Seoul Metropolitan Government. However, if the gains accrued later, they would be divided in part, and the registration of ownership transfer was completed by lending Defendant C’s name.
Accordingly, on May 12, 2006, the Plaintiff and the bankrupt debtor B concluded a sales contract to purchase the instant real estate in the name of Defendant C with KRW 210 million, and completed the registration of ownership transfer of the instant real estate in the name of Defendant C on June 21, 2006.
The Plaintiff and Defendant B knew that they concluded a sales contract in the name of Defendant C.
B. Of the purchase price of KRW 20 million, KRW 130 million, the Plaintiff and Defendant B prepared and paid KRW 65 million each, and KRW 30 million upon taking over the obligation to refund the lease deposit of the former owner, and the remainder KRW 50 million was set up with the right to collateral security of KRW 65 million on the instant real estate and received a loan from H Association in the name of Defendant C.
C. Defendant B, with the consent of the Plaintiff and the Defendant C on February 27, 2008, set up the right to collateral security of KRW 300 million with respect to the instant real estate, and was loaned KRW 250 million with the Defendant C’s name (hereinafter “I”).
(hereinafter referred to as “I Loan Obligations”) D.
When Defendant B delayed the repayment of I’s loan obligation, there was a decision to commence voluntary auction on July 16, 2015 on the instant real estate upon I’s application (hereinafter “auction procedure”) and the value of the instant real estate appraised in the instant voluntary auction procedure was KRW 349 million.
In the instant voluntary auction procedure, the instant real estate was sold in KRW 290,200,000,000,000, and on November 3, 2016, HUnions KRW 63,038,040,040, which is the full amount of the instant claim, and I’s loan obligations under Defendant B’s loan obligation.