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(영문) 전주지방법원 2018.01.10 2015가단25961
구상금
Text

1.(a)

A donation contract concluded on March 18, 2015 between the Defendant and B on the real estate stated in the separate sheet shall be 74,534.

Reasons

1. Facts of recognition;

A. On June 16, 201, the Plaintiff: (a) concluded a credit guarantee agreement with B on June 16, 201; and (b) concluded a credit guarantee agreement with B on June 15, 2012; and (c) B obtained a loan from a new bank based on the said credit guarantee agreement; and (d) on June 29, 2015, the Plaintiff paid the loan amount of KRW 215,79,267 (i.e., principal and interest of KRW 213,89,179, 179, 179, 1903,08) to the new bank in subrogation of B (i.e., principal and interest of KRW 215,381,725 (= subrogation balance of the subrogated amount of KRW 215,79,799,2679, 27757, 29757, 2075757, 29757, 279757575 and 757.7

B. The registration of ownership transfer in the name of the defendant as to the instant real estate 1) B (hereinafter “instant real estate”).

(2) At the time of March 18, 2015, on March 19, 2015, the registration of the transfer of ownership in the name of the Defendant was completed as of March 19, 2015, with the Jeonju District Court No. 32473, Mar. 19, 2015, with respect to the instant real estate, each of the registration of the establishment of a mortgage in the name of Jeonbuk Bank was completed, with the maximum debt amount of KRW 73,200,000,000,000,000 won, and on March 19, 2015, the registration of the establishment of a mortgage was revoked.

C. At the time of the sales contract between the Defendant and B on March 18, 2015, B had no particular active property other than the instant real property as of March 18, 2015. However, the small property was a debt exceeding the debt due to the Plaintiff’s debt of KRW 215,021,677, borrowed money to the Defendant, KRW 250 million, and KRW 78,205,984, totaling KRW 543,227,661.

[Grounds for Recognition] Unsatisfy, Gap's statements in Gap's 1 to 9, the appraiser's appraisal results in appraiser C, and the court's complete implementation of this Court.

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