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(영문) 대구고등법원 2015.06.24 2014나23509
보관금
Text

1. The plaintiff's appeal and the conjunctive claim added in the trial are all dismissed.

2. After an appeal is filed.

Reasons

1. Basic facts

A. The fourth category category of J, the father of the Plaintiff, is G (the deceased in 1990, hereinafter “the deceased”), J, K, and the Defendant.

Therefore, the plaintiff is the defendant's Chok.

B. The registration of ownership transfer was completed on April 14, 1962 (the time when the defendant remains 10 years of age) with respect to the 3rd floor building in Northern-gu, Northern-gu, Mapo-si (hereinafter “Mapo-gu”) on April 14, 1962, and the registration of ownership transfer was completed on October 10, 1987 in the name of the defendant with respect to the 3rd floor neighborhood living facilities building newly constructed on the ground.

(hereinafter referred to as “instant real estate” in total).

During the period of registration as the owner, the establishment registration of the mortgage (hereinafter “the first mortgage registration”) was completed on October 9, 1992, with respect to the instant real estate: (i) the Korea Housing and Commercial Bank Co., Ltd., Ltd., the debtor, and the maximum debt amount of KRW 130 million; (ii) the establishment registration of the mortgage (hereinafter “the second mortgage registration”) was completed on December 4, 1998, near the Korea Housing and Commercial Bank, the debtor, the maximum debt amount of KRW 390 million; (iii) the establishment registration of the mortgage (hereinafter “the second mortgage registration”) was completed on January 17, 2002; (iv) the establishment registration of the mortgage was completed on October 7, 2002, with the maximum debt amount of KRW 3222 million; and (v) the establishment of the mortgage registration was completed on October 7, 2002, and (v) the establishment of the mortgage (the maximum debt amount of KRW 400 million; and

On November 23, 1998, the Plaintiff received a loan of KRW 300 million to the Defendant as collateral, and the Plaintiff paid KRW 170 million to the Defendant (including KRW 100 million for transfer income tax). The Defendant repaid the loans from Choung Bank, and cancelled the first registration of collateral security. The Plaintiff was during January 1, 1999.

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