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1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1...
Reasons
Facts of recognition
A. The Plaintiff and C are between high school and the Defendant is C’s wife.
B. On September 2013, the Plaintiff decided to purchase F 105 Dong 1404, 1404, located in E and 3 parcels from D (hereinafter “D”) operated by C (hereinafter “D”) and paid KRW 145 million out of the purchase price to D.
However, around May 2015, the Plaintiff and C agreed to pay the said purchase price in lieu of paying D’s debt amounting to KRW 345 million to the Savings Bank by the Plaintiff, Inc., the mortgagee of the said building, and the Plaintiff completed the registration of ownership transfer on May 22, 2015 after subrogated for the said debt.
C. Separately, around December 2012, the Plaintiff lent KRW 30 million to C. D.
Attached Form
On May 12, 2011, with respect to the building indicated in the list (hereinafter “instant building”), the registration of ownership transfer was completed in the name of C, and C, on the same day, completed the registration of the establishment of a new bank (hereinafter “new bank”) with the debtor C and the maximum debt amount of KRW 240 million to the new bank (hereinafter “new bank”).
On November 4, 2014, the new bank applied for a voluntary auction on the instant building, and the registration of the entry of the decision on voluntary commencement of auction was completed. On September 11, 2015, the registration of the establishment of a new bank was cancelled due to the cancellation of the registration of the establishment of a new bank, and on the same day, the registration of ownership transfer was completed in the Defendant’s future on the grounds of sale on the instant building.
Accordingly, on September 17, 2015, the registration of the entry of the decision to commence the voluntary auction was cancelled.
E. C On September 15, 2015, the Plaintiff’s Na.
An agreement is made to repay the amount borrowed from October 29, 2013 to November 30, 2015 with respect to KRW 175 million in total, including the amount of KRW 145 million and the amount of KRW 30 million in loans.
“A” has drawn up a loan certificate under the name of the Defendant, and C also on the same day, in the name of the Defendant.