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1. As to KRW 16,186,00 and KRW 10,290,00 among them, the Defendant shall pay to the Plaintiff the year from July 5, 2019 to November 12, 2020.
Reasons
1. Basic facts
A. The plaintiff is the head of C. The defendant is the head of C. The defendant is the head of the plaintiff's birth, and D is the South and North Korea.
F shall be E's children.
B. On March 21, 2007, C established the right to collateral security (hereinafter “instant right to collateral security”) with respect to the land specified in Paragraph (1) of the [Attachment List owned by it (hereinafter “instant land”) as one million won with the maximum debt amount and KRW 70,000,000 with respect to the land, which was owned by it, and was loaned from the G Association.
C. The above 70,000,000 won was newly constructed on the ground of the instant land a building listed in attached Table 2 (hereinafter “instant building”) and approved for use on August 23, 2007.
D The registration of initial ownership of the instant building was completed on April 22, 2013, and on the same day, the Defendant completed the registration of initial ownership on the instant building on April 18, 2013.
The defendant is operating a restaurant in the building of this case.
C On November 10, 2017, the Plaintiff completed the registration of ownership transfer on November 10, 2017 with respect to 7/10 shares out of the instant land, and the remaining 3/10 shares to F on November 10, 2017, respectively.
E. Since then, the instant land had commenced a voluntary auction procedure with the District Court H, which was based on the instant right to collateral security, and was sold to a third party and paid KRW 236,390,000 on January 20, 202.
[Based on recognition] The descriptions of Gap evidence Nos. 1 through 3, 6, Eul evidence Nos. 1 and 2 (including numbers; hereinafter the same shall apply), and the purport of the whole pleadings
2. Determination as to the cause of action
A. The Plaintiff’s assertion 1C set up the instant collateral security on the instant land and borrowed KRW 70,000,000 from the G Union to lend the money to the Defendant.
In addition, the Defendant’s beginning to use the instant land from August 2007 to October 2017, is equivalent to KRW 74,300,000, which the Plaintiff acquired from around August 2007 the ownership of 7/10 of the instant land.