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1. The Defendant’s KRW 38,975,00 for the Plaintiff and KRW 5% per annum from December 19, 2015 to October 12, 2016.
Reasons
Ⅰ. The progress of the case - There is no dispute over the part without any indication of evidence.
1. The plaintiff and C completed the marriage report on November 8, 1995, and the defendant is referred to C.
2. On April 10, 2008, the defendant stated "Seoul Gangseo-gu D apartment No. 402 Dong 106, 106" in the complaint of this case as "402 Dong 102 Dong," but according to Gap evidence No. 1 (the copy of the real estate register), it appears to have mistakenly stated "402 Dong 106, 106". Thus, it was done properly.
(hereinafter) In the following, the registration of ownership transfer was made in the future with respect to the apartment of this case.
[A] 3. The sale price of the apartment of this case was a total of KRW 22,658.80,000, and the down payment was KRW 4,531.70,000.
[1] On October 9, 2007, C borrowed 20 million won from the Defendant’s friendship, and 15 million won from his own land E, etc., and the remainder paid the down payment on October 9, 2007 by adding the money in the passbook.
[2] Around February 15, 2008, the defendant borrowed 250 million won from the bank of Korea on the condition that the apartment house of this case be repaid in installments with a three-year grace period. Among these loans 180 million won, 127.10 million won was used as an intermediate payment, balance, and the National Housing Fund, and the remainder of 68,510,828 won, excluding various expenses, was deposited in the passbook for repayment of the principal and interest of the bank in the name of the defendant on February 15, 2008 (Account number: F omitted, and hereinafter referred to as the "Defendant passbook").
[Defendant 1,00,000 won out of KRW 68,510,828 deposited in Defendant passbook 1, 3, and witness C] 5.5,00 won was remitted to NAC under the name of the Plaintiff, and KRW 53 million was paid to C, and the remaining KRW 14,510,828 was left as it is to pay interest on loans.
[B] On April 10, 2008, with respect to the apartment of this case, on April 10, 2008, the right to collateral security against the debtor was established against the apartment of this case as the defendant.
[A] The interest on the loan 7.7. Monthly in the defendant passbook as above.