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1. The Defendant (Counterclaim Plaintiff) on August 1, 2016, with respect to KRW 81860,000 and KRW 25 million among the Plaintiff (Counterclaim Defendant).
Reasons
1. Basic facts
A. The Plaintiff and the Defendant are children of C and D.
B. On February 28, 2007, the ownership of the building and the building on the land owned by Jung-gu, Daegu-gu and 180.2 square meters (hereinafter “instant site”) was transferred to C on the same day. On July 22, 2008, the registration of ownership was completed with respect to the building above the instant site (which appears to have been removed and constructed around 2008; hereinafter “instant building”; and the instant site and building were referred to as “each of the instant real estate”).
C. From around 2000, the Defendant paid rent to A, and operated a restaurant at the building above the site of this case.
As a result of the Plaintiff’s debt, on August 11, 2005, the registration of the establishment of a neighboring mutual savings bank, U.S., the debtor, and U.S., the mortgagee, U.S., U.S., U.S. (hereinafter “Plaintiff-owned apartment”) was completed with the joint collateral of 305,50,000 won with the maximum debt amount as well as F102, 1405, U.S. (hereinafter “Plaintiff-owned apartment”).
E. On July 9, 2007, the Plaintiff and the Defendant provided the instant land and its ground buildings to the Dong-gu Agricultural Cooperative as joint security (hereinafter “the instant loan in the name of the Defendant”), and the money loaned under the name of the Defendant by providing an apartment building owned by the Plaintiff to the Dong-gu Agricultural Cooperative as security on July 5, 2007 (hereinafter “the instant loan in the name of the Plaintiff”). In addition, the amount loaned under the name of the Plaintiff (hereinafter “the instant loan in the name of the Plaintiff”).
The Plaintiff repaid the Plaintiff’s loans to UNIB mutual savings banks.
F. On October 15, 2014, the registration of ownership transfer was completed on the ground of donation on September 1, 2014, and C died on December 3, 2015.
G. After that, the Plaintiff’s promise to pay KRW 86 million to the Defendant the balance of the Plaintiff’s loan in the name of the Plaintiff.