(영문) 제주지방법원 2014.11.20 2014가합5186

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(영문) 제주지방법원 2014.11.20 2014가합5186

부동산인도 등

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1. The defendant shall be the plaintiff.

(a) deliver each real estate listed in the separate sheet;

(b) An annexed list from May 13, 2013.

Reasons

1. Basic facts

A. On May 13, 2008, the Plaintiff entered into a loan agreement with C on May 13, 2008 (hereinafter “the first loan agreement of this case”) with the effect that the term of lease 5 years from May 13, 2008, annual loan 53860,000 won, and the building newly constructed on the instant land by C shall be donated to the Plaintiff upon completion of construction (hereinafter “the instant first loan agreement”).

B. C newly constructed the instant real estate listed in the separate sheet No. 2 (hereinafter “instant building”) on the instant land, and completed the registration of initial ownership on January 30, 2009, by referring to the instant land and building.

C. C: (a) on January 30, 2009, the maximum debt amount of the instant building was KRW 380,000,000,000, and the right to collateral security was terminated in the name of the arguest mutual savings bank, Inc.; and (b) on January 8, 2010, the said right to collateral security was transferred in the name of K&C Co., Ltd.

The registration of ownership transfer was completed in the name of the defendant on June 13, 201 due to the sale of the instant building by voluntary auction on June 13, 201.

On the same day, the Defendant completed the registration of ownership transfer on the instant building due to the gift on June 10, 2011 to the Plaintiff.

E. On January 14, 2013, the Plaintiff entered into a loan agreement (hereinafter “the instant second loan agreement”) with the Defendant with the same content as the instant first loan agreement (hereinafter “instant second loan agreement”). On May 13, 2013, the Plaintiff entered into a loan agreement with the Defendant with the terms of extending the loan fee of KRW 53,860,00, and the loan period of KRW 53,860,00 (hereinafter “the instant third loan agreement”) from May 13, 2013 to two years (hereinafter “the instant third loan agreement”). The said first or third loan agreement is collectively referred to as “each of the instant loan agreements”).

F. The Defendant did not pay to the Plaintiff KRW 3.4 million out of the loan charges in 2011 and the loan charges after 2012.

G. The defendant currently operates a restaurant in the present building of this case.

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