logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울고등법원 2017.10.13 2016나2079329
대여금
Text

1. Upon a claim for change in exchange in this court, the defendant 1/2.0 of the real estate listed in the separate sheet to C.

Reasons

1. Facts of recognition;

A. The Plaintiff A lent KRW 405,000,000 to C from June 10, 2009 to August 29, 2011, and received reimbursement of KRW 204,00,000.

Plaintiff

B lent C on June 29, 2010 KRW 100,000 to C.

B. In the first instance court of this case, the Plaintiffs sought a payment of the principal and interest of the loan against C, and the first instance court rendered a judgment that “C shall pay to the Plaintiff A the amount calculated at the rate of 1.5% per annum from February 13, 2016 to September 29, 2016; the amount calculated at the rate of 5% per annum from the next day to the date of full payment; and the amount calculated at the rate of 1.5% per annum from August 30, 2012 to the date of full payment; and the amount calculated at the rate of 1.5% per annum from the next day to the date of full payment.”

Of the judgment of the first instance, the part concerning C in the judgment became final and conclusive as is because the Plaintiff and C did not appeal.

(hereinafter referred to as the “instant loan claim”) against the Plaintiffs C.

As to the instant real estate on January 4, 201, the registration of ownership transfer under the name of the Defendant (hereinafter “instant registration of ownership transfer”) was completed as of March 3, 201 by Suwon District Court, Suwon District Court, Port Office, and Port Office, which was received as of March 3, 2011.

[Reasons for Recognition] Facts without dispute, Gap's statements in Gap's 1 to 5, 7, 9, 10 (including branch numbers; hereinafter the same shall apply) and the purport of the whole pleadings

2. The parties' assertion

A. The plaintiffs' assertion that most of the real estate in this case was borne by C and acquired to be owned by C in substance, but it was trusted only in its name to the defendant who is the wife, or at least C actively contributed to the acquisition of the real estate in the marital life with the defendant under title trust to the defendant with respect to one-half shares.

The Plaintiffs claim against the Defendant on December 22, 2016 by subrogation of C regarding the instant loan claim against the Defendant as the preserved right.

arrow