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(영문) 서울고등법원 2017.06.29 2016나1368
차입금
Text

1. The judgment of the court of first instance is modified as follows.

The plaintiff's primary claim and ancillary claim are changed in this court.

Reasons

1. Basic facts

A. The defendant is a clan that consists of descendants of C as the follower of D', which is the starting of C. The defendant is a clan that is composed of descendants of C.

The plaintiff is a person who served as the chairperson of the Religious Preservation Committee established to take charge of preserving the defendant's general secretary and the defendant's real estate from 2012 as a member of the defendant's clan.

F The Plaintiff’s wife, G, H (hereinafter “F, etc.”) combined with F, G, and H is the Plaintiff’s wife, G, and H.

B. The Defendant held title trust with the Plaintiff, F, etc. of each real estate indicated in the “real estate indication” column as indicated below (hereinafter “each of the instant real estate”, and the same land is specified only by the minimum administrative district and lot number).

With respect to each real estate of this case, the Plaintiff established each collateral as indicated below in the “Contents of the Collateral Mortgage” column, and borrowed a total of 6.7 billion won as stated below in the “Contents of the Loan Agreement” column.

(B) Each loan with respect to KRW 6.4 billion, excluding KRW 300,000,000,000,000,000. The Plaintiff himself/herself recognized the “instant loan.” The terms of the loan agreement with respect to the contents of the right to collateral security, 1,000,000,000 won, and the maximum debt amount of KRW 1,50,000,000,000,000,000,000,000 won, on February 28, 2013, the 1,550,000,000,000 won and KRW 3.5 billion,000,000,000,000,000 won and KRW 3.3 billion,000,000,000,000,000,000,000 won and KRW 1,36,00,000,00,00.

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