beta
Text
The Defendants shall receive KRW 15,251,901 from the Plaintiff, and at the same time, each of the real estate listed in the attached Table to the Plaintiff.
Reasons
1. Facts of recognition;
A. On October 2013, the Plaintiff, Defendant B, D, and E invested KRW 120 million, KRW 120 million, KRW 1220,000,000,000,000 each at that time, and jointly purchased KRW 4215,00 square meters (hereinafter “the previous land of this case”) prior to Chuncheon-si H (hereinafter “the previous land of this case”) in KRW 220,000,000,000 and decided to jointly own each of 1/4 shares.
B. However, the Plaintiff and the Defendant B set up the right to collateral security (the maximum debt amount of KRW 156 million) against the Defendant B with the debtor as a collateral, which is the subject of purchase, and extended the amount of KRW 120 million to the I.S. and raised the said purchase fund.
D and E consented thereto. Defendant B obtained loans of KRW 120 million from I.S. and offered them for the purchase price of the previous land, and on November 21, 2013, the registration of creation of a collateral security under the name of I.S. as to the previous land of this case was completed on November 21, 2013, with regard to the debtor B and the maximum debt amount of KRW 156 million.
(hereinafter “instant mortgage” and loans made under Defendant B’s name with the establishment of the said mortgage (hereinafter “instant loan”). C.
On the other hand, on the ground that Defendant B prepared KRW 120,000,000 as the debtor himself/herself, he/she applied for registration as ownership of each of 1/4 shares. The parties, including the Plaintiff, have consented thereto and completed the registration of ownership transfer for each of 1/4 shares in the name of Defendant B, Defendant C, D, and E with respect to the previous land on October 31, 2013 (transaction price of KRW 220,000,000) on the ground of sale on October 31, 2013.
The Plaintiff and Defendant B shared half of the interest on the instant loan. At the Plaintiff’s demand for share, the registration of ownership transfer was completed on September 15, 2014 under the Plaintiff’s name with respect to one-eight shares (526.875/4215 on the register) of the previous land from Defendant B and Defendant C on September 24, 2014.
Accordingly, the previous case was made.