logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울동부지방법원 2020.05.26 2019가단128348
정산금
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On April 10, 200, the Plaintiff: (a) donated the land of 2,543 square meters to the Plaintiff, which was attached on April 10, 2004; and (b) completed the registration of the ownership transfer on the 17th of the same month; (c) on December 21, 2007, the Plaintiff completed the registration of the establishment of a mortgage with regard to the said land of 52,00,000 won (amended to KRW 78,00,000 on July 16, 2008). The Plaintiff was donated the land of 3,061 square meters prior to G in Scheon-si on March 9, 2009, and completed the registration of ownership transfer on the 11th of the same month (hereinafter referred to as “instant real estate” by combining the said land with the said D land.

(2) On June 11, 2010, the Plaintiff borrowed money from H, and subsequently made a registration of the establishment of a neighboring mortgage on the instant real estate, and H was decided to commence a voluntary auction on February 7, 2011.

B. On March 16, 201, the Plaintiff separately donated the instant real estate to the Defendant, who was gathered on March 16, 201, and completed the registration of ownership transfer on March 21, 201, and the said decision to commence voluntary auction was cancelled on March 24, 2011, respectively. 2) The Defendant sold D land in KRW 199,00,000 among the instant real estate to I on May 21, 201, and the same year.

6. 27. Each completed the registration of ownership transfer, and the same year.

8. 8.8. J and two other parties sold G land in KRW 90,000 among the instant real estate, and completed the registration of ownership transfer on the 13th of the same month.

[Reasons for Recognition] Each entry of Gap evidence Nos. 1 through 3

2. The assertion and judgment

A. Family members, including the Plaintiff’s assertion, paid the Plaintiff’s loan to H, and withdrawn the auction case. The Plaintiff disposed of the instant real estate to his family members, including the Defendant, and paid the said subrogated amount. However, the Plaintiff first agreed to sell the instant real estate to the Defendant on the ground of donation, and then settle the said amount by the method of deducting the said subrogated payment from the disposal price after disposing of it.

arrow