logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울동부지방법원 2020.01.10 2018나24556
대여금
Text

1. The plaintiff's appeal and the claims extended by this court are all dismissed.

2. This is due to the extension of claims for the costs of appeal.

Reasons

1. Basic facts

A. On May 2, 2016, the Plaintiff, the owner of the instant multi-household C (hereinafter “instant housing”), determined KRW 100,000,00 as the due date for reimbursement on July 5, 2016, to the Defendant, who is the owner of the instant multi-household C (hereinafter “instant housing”).

B. On June 28, 2016, the Defendant entered into a sales contract with the Plaintiff’s wife E to sell KRW 164,000,000 among the instant housing owned by the Defendant (hereinafter “instant first loan”). On July 24, 2016, the Defendant completed the ownership transfer registration (transaction value of KRW 164,00,000) in the name of E on August 16, 2016 for the instant first loan.

On August 16, 2016, the registration of creation of a new mortgage of KRW 572,00,000 for the debtor, the mortgagee, the FF association, the maximum debt amount, and KRW 572,00,000 for the first loan of this case was cancelled. On the same day, the registration of establishment of a new mortgage of KRW 120,000 for the debtor E, the mortgagee G association, the maximum debt amount ( KRW 100,000 for the secured debt) was terminated.

C. On June 30, 2016, the Defendant: (a) concluded a contract to sell Hho Lakes (hereinafter “instant Second Loans”) and Ihos (hereinafter “Third Loans”) among the instant housing owned by the Defendant to each of the Plaintiff’s married children in the unit price of KRW 145,00,000; and (b) completed the registration of ownership transfer under the name of J on September 13, 2016 for the instant Second and Three Loans due to the sale on June 30, 2016.

On September 13, 2016, the establishment registration of a mortgage in the second and third loans was cancelled on September 13, 2016. On the same day, the establishment registration of a mortgage in the amount of KRW 572,00,000 (114,000,000,000) was terminated.

E sold L on April 20, 2018, KRW 164,00,00 of the purchase price, and completed the registration of ownership transfer in L’s name on May 29, 2018. On the same day, the registration of ownership transfer was cancelled on the first loan of this case.

arrow