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(영문) 서울고등법원 2015.10.28 2015나2027659
대여금
Text

1. Of the judgment of the court of first instance, the part against the Defendants exceeding the money ordered to be paid under the following subparagraphs shall be revoked.

Reasons

1. Basic facts

A. Defendant B acquired a church building of the Defendants. Defendant B is a pastor of the E-ray church located in Seoul DD market, which was established around November 2002, and Defendant C is the full-time physician of the E-ray church. Defendant C purchased from F the land of Jung-gu Seoul, Jung-gu G, H and its ground buildings (hereinafter collectively referred to as the “instant real estate”), in order to use it as the E-board church building on June 17, 2003, KRW 2.5 billion out of the price, to acquire the loan of KRW 2.5 billion against Korea Mutual Savings Bank (hereinafter referred to as the “Korea Savings Bank”), which is the secured debt of the right to collateral security established on the instant real estate, in lieu of payment of KRW 2.5 billion.

3) On June 28, 2003, the Defendants completed the registration of ownership transfer for one half of each of the instant real estate based on the said sale. On November 27, 2003, Defendant B acquired the collateral obligation of the registration of ownership transfer for the instant real estate with the maximum debt amount of KRW 3.25 billion, which was completed with respect to the said real estate, as well as the collateral obligation of the establishment of a neighboring mortgage savings bank. (B) Defendant B took out a loan of KRW 1.9 billion from the Korean Bank (hereinafter “Korea Bank”) on May 13, 2004, and completed the registration of establishment of a collateral for the instant real estate with the maximum debt amount of KRW 2.88 billion, as well as KRW 2,200,000,000,000,000 from our bank.

Around that time, the Plaintiff paid KRW 1 billion to Defendant B through the Plaintiff’s wifeJ, a member of the above E-board church.

2) On May 14, 2004, Defendant B cancelled the registration of the establishment of the creation of a neighboring loan amounting to KRW 1.9 billion (1 billion) and KRW 1 billion (1 billion) paid out all the principal and interest of the loan from the Plaintiff to Korea Savings Bank. Defendant B, the Defendants, J, and I, on May 21, 2004, cancelled the registration of the establishment of a neighboring loan amounting to KRW 3.25 billion (3) the maximum debt amount, which was completed in the future of the Korea Savings Bank. Defendant B, the Defendants, J, and I, on May 21, 2004, the following loan certificate No. 1 (hereinafter “the loan certificate of this case”).

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