logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울고등법원 2016.12.23 2016나2012630
대여금
Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

Purport of claim and appeal

The first instance court.

Reasons

1. Basic facts

A. On September 4, 2004, the Defendant’s mother concluded, on behalf of the Defendant, a sales contract (hereinafter “instant sales contract”) on behalf of the Defendant with respect to D Forest No. 43,931 square meters (hereinafter “instant ownership transfer registration”) for the entire forest land (hereinafter “instant land”). On October 4, 2004, the Defendant completed the registration of ownership transfer (hereinafter “instant ownership transfer registration”) on behalf of the Defendant on the ground of the said sales contract.

B. On October 4, 2004, the date when the Defendant completed the registration of ownership transfer of the instant land on October 4, 2004, the registration of the establishment of a neighboring mortgage as the debtor, the defendant, and the Han Bank Co., Ltd. was completed.

(B) The registration of the establishment of a neighboring mortgage was cancelled on March 31, 201, and thereafter, on the instant land, the registration of the establishment of a neighboring mortgage was completed on January 31, 2008, the maximum debt amount of KRW 250,000,000,000, the debtor, and the debtor, the mortgagee, and the mortgagee G (the registration of the establishment of a neighboring mortgage was revoked on March 2, 2010), and on March 31, 2009, the registration of the establishment of a neighboring mortgage was completed on March 31, 201 (the registration of the establishment of a neighboring mortgage was revoked on May 16, 201), and the registration of the establishment of a neighboring mortgage was completed on March 2, 2010, the maximum debt amount of KRW 525,000,000,0000, the debtor, and the debtor, and the debtor and the Defendant H that became the mortgagee.

(The registration of the establishment of a neighboring mortgage was cancelled on May 16, 201).

L on his behalf on November 8, 201, sold the instant land in KRW 700,00,000 on behalf of the Defendant and completed the registration of ownership transfer on November 10, 201 on the ground of the sale.

On November 23, 2011, the establishment registration of the instant land was completed, consisting of KRW 520,000,000 with a maximum debt amount of KRW 520,00,000, the debtor I, the debtor I, the Korea Exchange Bank, the Korea Exchange Bank, and the maximum debt amount of KRW 390,000,000 on December 14, 201, the debtor I, and the debtor I, and the mortgagee G.

arrow