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(영문) 서울중앙지방법원 2018.10.15 2017가단5006095
대여금
Text

1. A sales contract concluded on March 31, 2016 between B and the Defendant with respect to the real estate listed in the separate sheet, which was concluded on March 31, 2016.

Reasons

1. Basic facts

A. The plaintiff C Co., Ltd. and B’s loans 1) The plaintiff is C Co., Ltd. (hereinafter “C”).

(1) On July 18, 2013, KRW 190,000 loaned KRW 228,00,000, and Category B’s representative director (“C”) loaned KRW 600,000 on August 26, 2014 to the extent of KRW 74,00,00,000, KRW 350,000 on a joint and several basis, and Category B loaned the above loan to the extent of KRW 420,00,000 on November 26, 2014, KRW 420,00,000 on the above loan and the amount of interest and principal of the loan began from May 2, 2016 to KRW 69,741,60,000 on the loan, ② the principal amount of the loan to KRW 600,000,00 on the loan, KRW 600,000 on the loan, ② the principal amount of the loan to KRW 604,6066,86006,86.

B. On March 31, 2016, B entered into a sales contract with the Defendant, who is one’s own assistant, for the instant real estate (hereinafter “instant sales contract”) and completed the registration of ownership transfer to the Defendant on April 6, 2016.

C. B’s property condition B was in excess of the obligation at the time of the conclusion of the instant sales contract, and had an officetel No. 102 and 2004 on the land of the member-gu, Ansan-si, and one parcel E 1,004 on the land other than the instant real estate, but there was a right to collateral security as to the said officetel, which was 250,000,000.

1) On January 11, 2011, prior to the conclusion of the instant contract with respect to the instant real estate, the right to collateral security, which is a debtor F and Han Bank Co., Ltd. (hereinafter “instant right to collateral security”), shall be deemed as the right to collateral security (hereinafter “instant right to collateral security”).

(2) On July 20, 2016, at the time of the conclusion of the instant sales contract, the instant mortgage was cancelled. (2) At the time of the conclusion of the instant sales contract, the amount of the secured debt was KRW 86,451,029, and the instant real estate was the lessee from October 23, 2015 to October 23, 2015.

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