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1. The Defendant’s KRW 85,150,00 for the Plaintiff and the Plaintiff’s annual rate of KRW 5% from May 12, 2013 to December 6, 2013, and the following.
Reasons
1. Basic facts
A. The original Defendant married on August 18, 1980, and the Defendant filed a lawsuit of divorce, division of property, etc. against the Plaintiff around 1999.
(Seoul Family Court (Seoul Family Court Decision 99ddan74995). On January 13, 2000, the Seoul Family Court rendered a divorce against the Plaintiff. 2. The Plaintiff paid 30 million won as consolation money to the Defendant from November 10, 1999 to January 13, 200, the amount of 5% per annum, and 25% per annum from the next day to the day of full payment. 3. The Plaintiff performed the procedure for the registration of transfer of ownership of one half of the real estate recorded in the separate sheet (hereinafter “instant real estate”). On February 22, 2001, the Plaintiff paid 60 million won to the Defendant for child support, and from February 23, 2001 to February 21, 2007, each of the above judgment became final and conclusive.
According to the above judgment, the Plaintiff completed the registration of transfer of ownership based on the division of property on May 2, 2000 with respect to one-half portion of the instant real estate owned by the Plaintiff to the Defendant.
B. 1) The original Defendant was merged with the Korea Housing and Commercial Bank Co., Ltd. (hereinafter “Korea Housing and Commercial Bank”) on July 29, 2000.
(2) On July 25, 2000, the Defendant borrowed KRW 131,00,000 from the Korea Housing and Commercial Bank, the Korea Housing and Commercial Bank, the maximum debt amount of KRW 170,30,000,000 on the instant real estate, and the Plaintiff and the Defendant registered the establishment of a mortgage on the instant real estate. The said loan amount of KRW 131,00,000 was deposited into the account under the name of the Defendant. (2) On June 23, 2001, the Defendant borrowed KRW 29,00,000 from the Korea Housing and Commercial Bank on June 20, 201 to secure the above loan obligation, and completed the registration of the establishment of a mortgage on the instant real estate on June 20, 201.