(영문) 수원지방법원 성남지원 2018.08.17 2017가합2188

beta

본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.

Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 수원지방법원 성남지원 2018.08.17 2017가합2188

청구이의

Text

1. The Defendant’s claim for loans against the Plaintiff is regarding Suwon District Court Sung-nam Branch on July 8, 2010.

Reasons

1. Basic facts

A. 1) The Defendant’s spouse C (Death around October 2016) (the Defendant’s spouse) is 2481m2 (hereinafter “instant land”) prior to Sungnam-si, Sungnam-si (hereinafter “instant land”).

On November 5, 2001, 2001, 1/3 shares of the instant land were purchased in KRW 400 million and the registration of transfer was completed in the name of the Defendant on November 5, 2001. 2) C borrowed from the Plaintiff a lump sum of KRW 12.3 million from the Plaintiff on December 2, 2001 and KRW 1.54 million from December 5, 2001 each month during a period of 36 months from December 5, 2001.

3) Since Sungnam-si planned to develop the neighboring area of the instant land, C would be able to enjoy profits from the development if the remaining shares of the instant land were purchased, and recommended the Plaintiff to purchase the remaining shares of the instant land. 4) The Plaintiff intended to purchase the remaining shares of the instant land, but it is not clear that the amount of the purchase price on the record of the purchase price, following consultation with C, is not clear as to the lack of funds.

Although the plaintiff asserts that it is KRW 1.3 billion, the copy of the register No. 2 (the copy of the register) is stated as KRW 1.2 billion.

B. The Plaintiff decided to purchase the instant land in such a way that the Plaintiff received the loan and bears the interest on the loan.

Accordingly, on August 25, 2006, regarding the land of this case, the debtor, the maximum debt amount of 1,820,000,000 won was registered on August 29, 2006, and the right to collateral security with the person holding the right to collateral security was registered on August 29, 2006. The E Union extended a loan of 1.3 billion won in the name of the defendant with the said right to collateral security (hereinafter “instant collateral security obligation”).

Then, on October 4, 2006, the registration of transfer of ownership in the name of the defendant was completed on September 7, 2006 with respect to shares of 2/3 of the instant land on the grounds of sale as of September 7, 2006.

B. The Plaintiff’s lending of money to the Plaintiff constitutes repayment of the interest on the instant collateral security debt.

유사 판례

-서울고등법원 2017.07.18 2017누42851

-서울행정법원 2015.01.29 2014구합3686

-수원지방법원 성남지원 2014.01.23 2013고단820

-인천지방법원 2015.06.19 2014가단215917

-수원지방법원 2017.01.25 2016나56141