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(영문) 서울북부지방법원 2018.11.13 2017가단22503
청구이의
Text

1. The Defendant’s repayment of loans (Seoul Northern District Court) No. 2017Hu22879 against the Plaintiff is enforceable.

Reasons

1. Basic facts

A. On November 5, 2012, the real estate indicated in the attached list was owned by D, the mother of the Plaintiff, the Defendant, and the spouse of the Plaintiff, and on November 5, 2012, the registration of creation of a neighboring mortgage at the time when the debtor D, the National Federation of Fisheries Cooperatives, and the maximum debt amount are three million won.

B. On August 12, 2014, the registration of ownership transfer was completed in C’s name on the ground of donation on the same date, and on September 5, 2014, the registration of establishment of a neighboring National Federation of Fisheries Cooperatives was cancelled on the ground of termination on September 5, 2014; on the same day, the registration of establishment of a neighboring mortgage at the National Federation of Fisheries Cooperatives, the debtor, the National Federation of Fisheries Cooperatives, and the maximum debt amount of which are KRW 96 million, was completed.

C. On July 13, 2015, the registration of ownership transfer was made in the name of the defendant on the grounds of donation on the same day. On May 11, 2017, the registration of establishment of a neighboring mortgage with the debtor, the defendant, the mortgagee of the collective security interest, and the maximum debt amount of 12 million won was completed, and on the same day, the registration of establishment of a neighboring mortgage by the National Federation of Fisheries Cooperatives, the debtor of which is the plaintiff, was cancelled on the grounds of the cancellation on the same day.

At the request of the Plaintiff, the Defendant provided the Defendant’s real estate as security and borrowed eight million won from the National Federation of Fisheries Cooperatives. However, upon receiving a request for a loan to repay the said loan, the Defendant repaid KRW 15 million out of the said loan.

On May 11, 2017, the defendant lent funds to the plaintiff in order to pay 65 million won of the loan to the plaintiff, and requested it.

The Defendant, on May 11, 2017, borrowed KRW 65,139,781 from Gangseo-dong Agricultural Cooperatives and remitted the money to the Plaintiff’s account to repay the full amount of the loan that the Plaintiff received from the National Federation of Fisheries Cooperatives, thereby lending the said money to the Plaintiff. As such, the Plaintiff paid KRW 65,139,781 to the Defendant and its delay damages.

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