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(영문) 서울북부지방법원 2016.08.10 2014가합23946
대여금
Text

1. As to the Plaintiff’s KRW 100,000,000 and KRW 50,000 among them, Defendant B’s year from June 29, 2007 to November 4, 2014.

Reasons

1. Basic facts

A. Defendant B and Defendant C filed a marriage report on February 8, 1983, and the agreement was married on October 4, 2012.

B. The Plaintiff lent to Defendant B the amount of KRW 10 million on June 11, 2007, and KRW 40 million on June 28, 2007 as the purchase fund of each land listed in the separate sheet (hereinafter “instant land”). On August 6, 2007, the Plaintiff lent the amount of KRW 2.5 million to Defendant C as the real estate cost and acquisition tax, and the Defendant C prepared and executed a loan certificate with the following contents as the Plaintiff around that time:

C shall pay A the principal and interest of KRW 2.5 million by December 30, 2008.

b. to pay in addition to 7% of the interest rate on the Sucheon Won by December 30, 2008 (the interest rate of 2.4 million won from May 27, 2007 to May 27, 2008).

On June 20, 2007, Defendant B entered into a sales contract to purchase the instant land with F, who was the owner of the instant land, and completed the registration of ownership transfer on July 2, 2007.

At the time of Defendant B’s purchase of the instant land, on May 29, 2007, the registration of the establishment of a collateral security right and the registration of the creation of a superficies was completed, respectively, with the establishment of a collateral security right at KRW 169,000,000 for the instant land.

On July 6, 2008, Defendant B completed registration of change of the right to collateral security with the debtor on the ground of acceptance of the contract on July 6, 2008, and registration of change of the right to collateral security with the maximum amount of 234,000,000 won on the ground of the contract on July 15, 2008.

On October 28, 2011, Defendant B entered into a mortgage agreement with Defendant D, the obligor, and the maximum debt amount of KRW 200,000 with respect to the instant land (hereinafter “instant mortgage agreement”) with Defendant D on the same day, which is based on the said mortgage agreement, as set forth in the Disposition No. 3 B.

The registration of the establishment of a neighboring mortgage as stated in paragraph (1) is the "registration of the establishment of a neighboring mortgage of this case".

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