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(영문) 서울중앙지방법원 2019.09.25 2018가합554630
대여금
Text

1. The Defendant’s KRW 500,000,000 and the Plaintiff’s annual interest thereon from January 30, 2017 to July 22, 2018.

Reasons

1. Basic facts

A. The Plaintiff is the spouse of D, the owner of the Gangnam-gu Seoul Metropolitan Building C Ground (hereinafter “instant building”), an aggregate building, and the Defendant is the father and D’s father.

B. On August 20, 2014, the Defendant completed the registration of the establishment of chonsegwon of KRW 350,000,000 with respect to KRW 350,000 with respect to KRW 50,000 with respect to KRW 200,000 with respect to KRW 200,000 with the right to lease on the same day as security, and completed the registration of the establishment of chonsegwon of KRW 280,00 with the said FF association’s maximum maximum debt amount.

C. On June 19, 2015, the Defendant concluded a contract to sell the instant building to Nonparty G and one other for KRW 3,670,000,00, with D’s authorization, and agreed that the buyer succeeds to the lease deposit amount of KRW 1,970,000 for each sectional ownership of the instant building (i.e., KRW 180,000,000, KRW 180,000, KRW 280,000, KRW 190,000, KRW 190,000, KRW 200,000, KRW 200,000,000 for each sectional ownership of the instant building (i.e., KRW 80,0000,00000, KRW 2000,00000, KRW 2000,0000, KRW 300,0050).

The Defendant received KRW 1,700,000,000 for the remaining purchase price after deducting the deposit for lease according to the above sales contract, and KRW 350,000 for the deposit for lease on a deposit basis for lease on a deposit basis established in relation to subparagraph E among the instant buildings.

On September 21, 2015, the Defendant repaid KRW 1,138,511,561 of the secured debt of the right to collateral security established on the instant building. On November 30, 2015, the Defendant paid KRW 114,714,720 of the capital gains tax on the instant transaction.

E. Around September 18, 2015, the Defendant leased Q apartment E-dong, Seoul, Q apartment E in a lease deposit of KRW 800,000,00,000 to reside together with D. After completing the registration of creation of a right to lease on a deposit basis for the said apartment, the Defendant borrowed KRW 500,000,000 from F as collateral and completed the registration of establishment of a right to lease on a deposit basis for the said apartment, and completed the registration of establishment of a right to lease on a deposit basis to the said FF association.

F. The Plaintiff was detained on November 2013 due to breach of trust, fraud, etc. and released from the military court on November 2016.

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