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1. The defendant received KRW 193,320,00 from the plaintiff and then acquired real estate stated in the attached list from the plaintiff.
Reasons
Basic Facts
C (D) and E (F) were married married couple, and C was married to have children G, H and I (hereinafter "G, etc.") from the former marriage to their children, and E had the Plaintiff from the former marriage to his child.
C A. On March 27, 2012, the Plaintiff filed a petition for adjudication on the division of inherited property No. 2014Dhap1 with G, etc. on December 7, 2013 in the state that C’s co-inheritors died on December 7, 2013 without division of inherited property. On May 20, 2014, the above court divided the Plaintiff into the ownership of the land indicated in the separate sheet (hereinafter “instant land”) and the building without permission on the land. The Plaintiff paid KRW 64,440,00 to G, etc. on July 31, 2014, and the said decision on recommending reconciliation became final and conclusive around that time.
The Plaintiff borrowed (hereinafter “the instant loan”) 193,320,000 won (i.e., 64,440,000 won x 3) from the Defendant, who had a relationship with the Plaintiff at the time, and paid it to G, etc., and completed the registration of transfer of ownership as to the instant land on July 25, 2014 due to the foregoing decision of recommending reconciliation.
On January 2, 2015, the Plaintiff completed the registration of transfer of ownership with respect to the instant land to the Defendant to secure the instant loan obligation (hereinafter “instant transfer security”). On July 29, 2016, the Defendant borrowed KRW 150 million from the J Union (hereinafter “J”) without the Plaintiff’s consent, and completed the registration of creation of a collateral security right (hereinafter “instant collateral security right”) with respect to the instant land with a maximum claim amount of KRW 180 million with respect to the right to collateral security (hereinafter “instant collateral security”).
(hereinafter “instant breach of trust”). Around May 2018, the Plaintiff filed a complaint against the Defendant on the instant breach of trust, etc., and the Defendant was prosecuted on February 28, 2019 on the charge of breach of trust.
On July 4, 2019, the Plaintiff is the Ulsan District Court.