logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울고등법원 2019.06.21 2018나2042659
대여금
Text

1. Revocation of the first instance judgment.

2. The plaintiff's primary claims, including claims added or expanded by this Court.

Reasons

1. Facts recognized;

A. The Plaintiff, even though the original name of H was “D”, was named as “E”, and was re-registered as “H”.

From the following point of view, “H” is not distinguished from before and after the opening of a name.

B. On June 15, 1995, upon reporting the marriage and maintaining the matrimonial relationship, the parties filed a lawsuit claiming divorce and consolation money, etc. with Suwon District Court 2016ddan503142 on April 14, 2016 and received a favorable judgment by service by public notice on March 21, 2017.

The defendant is the mother of H, and I is the plaintiff's mother.

B. On May 21, 2008, the Defendant was present at H on May 21, 2008, and “from the day after 1,253 square meters before J and Gwangju-si, F.” is the instant land.

From the next day of the sales contract as follows, "the sales contract of this case" for the following purposes:

(1) On June 12, 2008, the transfer registration of ownership was completed in the Defendant’s future on June 30, 2008. (1) The purchase price is KRW 260,000,000. (2) The J received the down payment of KRW 20,000,000 upon entering into a contract. (3) The Defendant received the intermediate payment of KRW 100,000 from J on June 12, 2008. (2)

6. The balance of 25.20 million won shall be paid respectively; and

C. Meanwhile, in the Agricultural Cooperative account opened in the name of the Plaintiff, KRW 20,600,000 on May 21, 2008;

6. 23. 152,00,000 won was withdrawn respectively, and KRW 100,000,000, which was kept by H at the time, was used to pay the purchase price or all other expenses for the purchase of the instant land.

As to the instant land, ① on May 24, 2010, the maximum amount of debt was “240,000,000 won”; the debtor was “Defendant”, the mortgagee’s right to collateral security, and the registration of the establishment of a neighboring mortgage (hereinafter “registration of the establishment of a neighboring mortgage”) with the Plaintiff, I, and H; ② on September 6, 2010, the right to be preserved was completed by the “right to claim the registration of the transfer of ownership based on the sale on August 12, 2008”; and the registration of the provisional disposition prohibiting the disposal of the creditor as “H and I” (hereinafter “registration of the entry of a provisional disposition”).

E. H on December 18, 2015

arrow