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(영문) 대전지방법원 2019.12.04 2018가합107231
대여금
Text

1. The Plaintiff, Defendant B, and Defendant D, KRW 79,50,000, and each of them from October 5, 2018 to December 2019.

Reasons

1. Basic facts

A. 1) The Plaintiff and the Defendant B were the dong of an elementary school. Defendant C is the spouse of Defendant B, and Defendant E and Defendant D are the children and daughters of Defendant B and C, respectively. 2) The Plaintiff began contact with the Defendant B, who was working as the F in Sejong City around 2010.

B. On August 26, 2010, the Plaintiff, on August 26, 2010, established a right to collateral security with respect to the G Association (1) on August 26, 2010, shall be the land and buildings of H in Sejong-si owned by the Plaintiff (hereinafter “H real estate”).

As to the obligor, the Plaintiff, G Union, and the maximum debt amount of KRW 78,00,00 shall have been completed with respect to the registration of the establishment of a mortgage (Article 9753, hereinafter “the first collateral mortgage”).

(2) The Plaintiff, on the same day, remitted to Defendant D the remainder of KRW 59,116,230, excluding the cost of establishing collateral security, etc., out of KRW 60,000,000.

C. On November 11, 2010, the Plaintiff: (a) set up a collateral security against the G Union; (b) the Plaintiff owned the land and buildings of Sejong-si J-si, the father of Defendant B (hereinafter “J real estate”).

(2) On November 11, 2010, the Plaintiff obtained a permit for sale with the highest bid price at the Cheongju District Court K for compulsory auction (Cheongju District Court K) and paid 247,00,000 won including the above loan and the sales price of KRW 22,00,000 owned by the Plaintiff, and completed the registration of ownership transfer with respect to J-real estate on the same day.

3) On November 11, 2010, the Plaintiff completed the registration of creation of a neighboring mortgage (No. 131872, hereinafter “second neighboring mortgage”) of the debtor, the mortgagee, the G Union, the maximum debt amount of KRW 293,00,00 with respect to H real estate and J real estate in order to secure the obligation of loans to the G Union under the foregoing paragraph (2).

On November 11, 2010, the Plaintiff created a collateral security against L and M (1) on November 11, 2010, with respect to J real estate, the establishment of a collateral security against L and M (1) on November 11, 2010, consisting of KRW 50,000 for the debtor B, Defendant B, the maximum debt amount, KRW 50,000,000 for the establishment of a collateral security (Article 131873

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