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Reasons
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(영문) 부산고등법원 2015.10.15 2014나54298
대여금
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1. The plaintiffs' appeal is dismissed.

2. The costs of appeal are assessed against the Plaintiffs.

Purport of claim and appeal

The first instance court.

Reasons

1. Basic facts

A. On January 27, 2003, the Defendant purchased 959/33,070 shares of 330.7 square meters in Busan-gu, Busan-do (hereinafter “instant land”) and completed the registration of ownership transfer under his own name on January 29, 2003. On May 29, 2003, the Defendant purchased the remainder of 32,111/3,070 shares and completed the registration of ownership transfer under his own name on June 26, 2003.

B. The Defendant’s father He (hereinafter “the deceased”) and the Defendant have received loans from financial institutions as follows:

1) On June 26, 2003, the Defendant offered D 330,700,000 square meters, which form a site for the instant land and the instant parking lot, to the Hancheon Central Saemaul Depository, as joint collateral. On February 21, 2011, the Plaintiff and the Defendant loaned 500,000,000 won to the Busan Central Saemaul Depository, which owned by the Plaintiff, as joint collateral. (2) On February 20, 2006, the Plaintiff and the Defendant provided real estate owned by the Plaintiff, including the Plaintiff, who formed the instant land and the instant parking lot site together with the said land, as joint collateral and borrowed 300,000,000 won from the National Agricultural Cooperative Federation, and the Defendant provided 500,000,0000,000 won to the above 50,000,0000,000 won and repaid the loans from the Defendant’s above 200,000,000 won to the above land and the above agricultural cooperative.

C. On April 2, 2014, the Defendant notified Seosan Agricultural Cooperatives of the absence of intent to continue to provide the instant land as security for the extension of the lending period.

During the trial of the trial, the deceased died on April 26, 2015, and the plaintiffs, the inheritor of the deceased, inherited the deceased's property.

[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1 through 7, 12 through 14 (including paper numbers), and the first instance court.

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