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Reasons
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(영문) 서울중앙지방법원 2016.08.10 2015가단10491
전세금반환
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1. The Defendant’s KRW 98,890,952 as well as the Plaintiff’s annual rate of 5% from March 7, 2015 to August 10, 2016.

Reasons

1. Facts without dispute;

A. (1) On August 31, 2009, the Plaintiff lent KRW 100 million to the Defendant around August 31, 2009, and the same year.

9.1. As security for the above loan claims, the Defendant was granted a right to lease on a deposit basis with the amount of KRW 100 million as to the second-story building in Jongno-gu Seoul, Jongno-gu.

(2) After that, the above C 2-story building, on which the Plaintiff’s right to lease on a deposit basis was established, was removed on March 19, 2010, and the three-story building was newly built around July 201.

(hereinafter referred to as “C-built building”). (b)

On April 22, 2011, the Plaintiff entered into the instant sales contract with the Defendant to purchase an apartment house of 102 Dong 602 and 602 of the same Gu (in the name of the Defendant E, but the Defendant has the right to dispose of the apartment house; hereinafter “instant apartment”) with the price of KRW 640 million. In this case, the Plaintiff agreed to take over the obligations of bank loans, etc. and deduct the Defendant from the purchase price in full the amount of KRW 100 million as seen earlier.

(2) The defendant and E shall thereafter be the same year.

7. 5. As to the instant apartment, the Plaintiff created the right to collateral security with a maximum debt amount of KRW 150 million.

C. (1) On December 2013, the Plaintiff received a dividend of KRW 1,109,048 remaining after a senior mortgagee received a dividend in the auction procedure for the instant apartment.

(2) On June 12, 2014, the Plaintiff seized C’s new building based on the above loan claim (100 million won). In the auction procedure for the above building, the distribution schedule was prepared to distribute the amount of KRW 100 million to the Plaintiff, who is the provisional seizure right holder.

2. Determination

A. The plaintiff alleged that the defendant extended a loan of KRW 50 million to the defendant around July 21, 2009, in addition to the above loan KRW 100 million, and that the plaintiff claimed payment of KRW 150 million against the defendant.

The defendant's payment in kind as follows.

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