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(영문) 서울중앙지방법원 2014.08.19 2013나50182
소유권이전등기 등
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1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

1. Facts of recognition;

A. On July 16, 1996, the Defendant lent KRW 26 million to the Plaintiff (hereinafter “instant loan”) (hereinafter “instant loan”).

(C) On the same day, 2/25 shares of 199,716 square meters in Cheongyang-gun, Chungcheongnam-gun, the Plaintiff owned (hereinafter “instant real estate shares”).

2) As to the establishment registration of a collateral security (hereinafter “mortgage of this case”), the establishment registration of a collateral security (hereinafter “mortgage of this case”) consisting of a maximum debt amount of KRW 50 million against

(2) The Defendant applied for the commencement of voluntary auction of the real estate shares of this case with the right to collateral security of this case as the title holder, and completed the registration of ownership transfer as the receipt No. 7304 on Oct. 2, 2000 by the Daejeon District Court Cheongyang Branch of the Daejeon District Court.

(hereinafter “instant auction procedure”). B.

Plaintiff 20 million won 1) The Defendant sent to the Plaintiff a document evidencing that “The Plaintiff would seize the Plaintiff’s lease deposit amount of KRW 16,210,560 (i.e., KRW 26 million - KRW 9,789,440), as well as KRW 127,310,560, which was incurred until February 13, 1998. (ii) around August 2008, the Defendant paid the Plaintiff a loan of KRW 127,310,560, and a loan. (iii) around August 2008, the Defendant paid the Plaintiff a loan of KRW 150,000 to E running a H restaurant in the Youngdo G G golf practice course, Incheon, with a claim of KRW 10,000,000 to the Plaintiff.” The Plaintiff requested the Defendant to pay KRW 200,000,000,000 to the Plaintiff.”

3) Accordingly, around August 2008, E returned the Plaintiff the lease deposit of KRW 80 million out of KRW 100 million and the remainder of KRW 20 million (hereinafter “instant repayment”).

(2) The Defendant paid the amount of KRW 20 million out of the lease deposit, while leasing the above restaurant to the Defendant.

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