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(영문) 대구지방법원 2017.05.12 2016가단21503
소유권이전등기
Text

1. Defendant B’s KRW 43,500,000 and KRW 43,500,000 each month from January 26, 2016 to the date of full payment.

Reasons

1. Claim against the defendant B

A. The facts of recognition are as follows: (a) if the purport of the entire pleadings is added to the statements in the evidence Nos. 4, 5, and 6, the Plaintiff loaned KRW 90 million to Defendant B; and (b) Defendant B agreed to pay KRW 70 million as to the remainder of KRW 70 million after partial repayment on July 1, 2014, the principal amount of KRW 4.5 million each month from August 1, 2014 and KRW 500,000 each month without changing interest (each 25 days each month); and (b) Defendant B repaid the Plaintiff KRW 35 million each month from August 26, 2014 to January 21, 2016 to the Plaintiff; and (c) it is recognized that the payment was made to the principal amount of KRW 8.5 million from the above repayment to the interest, and the remainder of KRW 26.5 million.

B. According to the above facts of recognition, Defendant B is obligated to pay interest and delay damages at the rate of KRW 500,000 per month from January 26, 2016 to the date of full payment, as the remainder of the principal amount of KRW 43.5 million ( KRW 70 million - KRW 26.5 million) to the Plaintiff and the last repayment of the Plaintiff’s claim, pursuant to the agreement, from January 26, 2016 to the date of full payment.

2. Claim against Defendant C

A. Basic facts 1) Defendant C is the wife of Defendant C. B. (2) On January 31, 2011, Defendant C purchased D Co., Ltd. No. 105 and No. 1303 (hereinafter “main apartment”) and completed the registration of ownership transfer on February 18, 201. On November 6, 2014, Defendant C sold the said real estate to E and completed the registration of ownership transfer on December 24, 2014.

3) Meanwhile, on November 5, 2014, Defendant C Nos. 110 and 1102 (hereinafter “F apartment”) of the F apartment Nos. 110 and 1102 (hereinafter “F apartment”).

(4) After purchasing and completing the registration of ownership transfer on December 9, 2014, the Defendant C completed the registration of ownership transfer on July 101, 2016 on the real estate listed in the separate sheet (hereinafter “instant apartment”) on the grounds of sale on March 25, 2014.

[Ground for recognition] Unsatisfy

B. The plaintiff asserted that the apartment house of this case was acquired by the lending of the name of the defendant C, and therefore, the creditor B.

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