beta
Text
1. Defendant D’s KRW 382,00,000 to the Plaintiff and its related KRW 5% per annum from October 22, 2019 to June 17, 2020.
Reasons
1. Basic facts
A. Plaintiff A is the spouse of the deceased E (hereinafter “the deceased”), and Plaintiff B, Defendant D, and F are children between the deceased and the Plaintiff.
B. On June 8, 1987, the Deceased purchased the instant real estate in the name of Plaintiff B, and completed the registration of ownership transfer in the name of Plaintiff B on February 9, 1989.
C. As to the instant real estate on February 19, 2001, the registration of ownership transfer was completed on March 28, 2001 under the Defendant C’s name.
On February 27, 2001, Defendant D prepared a custody certificate stating that the loan certificate (No. 2-1, No. 2-1, hereinafter “the loan certificate of February 27, 2001”) and KRW 100 million shall be kept as the deposit money for the real estate of this case.
E. The Deceased died on May 22, 2004. On July 22, 2004, the Plaintiffs, Defendant D, and F reported to waive the Deceased’s inheritance on July 22, 2004, and the said declaration of renunciation of inheritance was accepted by the Seoul Family Court on October 6, 2004.
F. As to the instant real estate on March 22, 2010, the maximum debt amount is KRW 360,000,000,000,000 for Defendant C and the mortgagee G with the maximum debt amount, and on June 24, 2016, the debtor set the maximum debt amount is KRW 48,00,000,000,000,000,000,000,000,000,000,000,000,000,000 won, respectively.
G. On December 26, 2015, Defendant D drafted a document stating that the balance is KRW 390 million by depositing KRW 50 million out of KRW 440 million (Evidence 3; hereinafter referred to as “certificate of December 26, 2015”).
H. The Defendants, on December 8, 2017, issued the loan certificate No. 4, 2017, and hereinafter referred to as “the loan certificate as of December 8, 2017”).
2) The amount of loan borrowed by Defendant C: F and Plaintiff B: The amount of loan borrowed by Defendant C: KRW 25 million (not interest: the purpose of loan with no interest):
1. The real estate of this case owned by the debtor.