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1. The Defendant’s KRW 390,658,667 as well as 5% per annum from November 25, 2014 to January 2, 2015 to the Plaintiff.
Reasons
1. Basic facts
A. The Plaintiff is the owner who owns 386 square meters of D gas station site (hereinafter “D”) in Nam-si, Namyang-si, the Defendant’s husband and owns 386 square meters of D gas station site (hereinafter “D”) with E and 1/2 equity shares. C is the owner of 603 square meters of F gas station site (hereinafter “F land”) in Namyang-si, Namyang-si, and the owner of the said F land and D land G gas station building (hereinafter “instant gas station”), and the Defendant is the person who operates the gas station in the instant gas station.
B. C around July 2004, after combining F land and D land to both the Plaintiff and E, it proposed that the gas station business was defective with the permission of the gas station, and obtained the consent of the Plaintiff and E.
C. Accordingly, on July 15, 2004, C changed the category of the above land into the gas station site as at present, and obtained the permission of the gas station. A newly constructed the gas station in this case by H and I, and transferred its ownership to C, but it commenced the gas station business on the condition that it conducts the gas station business without compensation for ten years.
However, H and I renounced the gas station business on October 2006 due to sales price, etc., and C agreed to obtain F land, D land, and the gas station of this case from the National Bank of Korea (hereinafter “National Bank”) for the purpose of raising the purchase price of the gas station of this case and operating funds. The Plaintiff and E consented thereto.
E. Accordingly, on October 27, 2006, C created a mortgage with the debtor as the defendant, the maximum debt amount of KRW 520,000,000, and the national bank as the creditor bank as the right to collateral security (hereinafter “the first loan”) with a loan of KRW 400,000,000 from the national bank (hereinafter “the first loan”). On the same day, C created a mortgage with the debtor, the debtor as the defendant, the maximum debt amount of KRW 390,000,000, and obtained a loan of KRW 300,000 from the national bank as the national bank (hereinafter “the first loan”).