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(영문) 서울고등법원 2020.06.24 2019나2023006
양수금
Text

1. The plaintiff's appeal and the conjunctive claim added by this court are all dismissed.

2. After an appeal is filed.

Reasons

1. Basic facts

A. D is the mother of the Plaintiff’s death village.

D On September 11, 2015, the Plaintiff transferred KRW 230,000,000 to the bank account under the name of the Plaintiff’s husband, and remitted KRW 70,000,000 under the name of F.

B. The Plaintiff remitted KRW 98,50,000,00 on September 11, 2015 to the national bank account under the name of Defendant B, and KRW 10,000,00 on September 14, 2015; KRW 17,000,000 on September 17, 2015; KRW 17,00,000 on September 23, 2015; KRW 1,000,00 on September 26, 2015; KRW 3,00,000 on September 26, 2015; and KRW 16,50,000 on October 23, 2015; and KRW 15,000 on October 16, 200,00 on the company’s account under the name of Defendant C bank; and transferred KRW 300,00 on September 10, 201.

C. The Plaintiff transferred KRW 256,00,000 to D in total 14 times from December 11, 2015 to November 12, 2017, in order to repay the obligation of KRW 300,000,000, and the interest or delay damages that he/she received from D as above.

On September 14, 2015, Defendant B completed the registration of the establishment of a collateral security (hereinafter “instant collateral security”) of KRW 450,000,000 on the maximum debt amount with respect to Defendant B and J’s share of KRW 358/2123 (the Defendant B completed the registration of the entire share transfer on October 14, 2015 with respect to the said share of J) among the shares of KRW 2,123 square meters (750,00,000,00 in the instant land was divided into “I” on September 20, 2016).

E. On September 28, 2017, D transferred 180,000,000 won among the instant collateral security and the secured claims thereof to K, 180,000,000 won to L, 90,000,000 won to M, and notified the Defendants of the purport of the transfer on September 29, 2017.

F. On September 29, 2017, D completed the registration of transfer of 180,000,000 won of the transfer amount among the registration of the establishment of the instant neighboring mortgage on September 29, 2017 to K, as to L as to the transfer amount of KRW 180,000,000,000, to M as to the remainder.

[Ground of recognition] Unsatisfy, Gap evidence Nos. 4, 7, 8, 11, 12, and Eul evidence Nos. 1 through 5 are not separately indicated.

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