beta
Text
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. On the basis of the executory exemplification of notarial deeds No. 496 of the 2009 Document No. 496 of the 2009, the Defendant seized corporeal movables listed in [Attachment No. 1 to No. 2473, 2013 and [Attachment No. 2474] in [Attachment No. 1 to No. 2474 of the 2013, May 2, 2013 by a notary public against B and C (hereinafter “instant movables subject to seizure”).
B. B, through D on January 28, 2013, borrowed KRW 51,00,00 from the Plaintiff as of April 27, 2013, and as between the Plaintiff and the Plaintiff, if B is unable to repay the said loan by the due date, B’s transfer of the corporeal movables listed in attached Tables 1, 2, and 2 through 4, 9, 11, and 19 among the corporeal movables listed in attached Tables 1 through 3, which are owned by B, and the corporeal movables listed in attached Tables 3 through 3, 9, 11, and 19 (hereinafter “instant movables”) to the Plaintiff to appropriate them for performing the principal and interest of the said loan (hereinafter “instant movable transfer note”), and obtained a fixed date as to the said movable transfer note on April 25, 2013.
C. On May 9, 2013, between B and B, the Plaintiff: (a) borrowed KRW 51,00,000 from the Plaintiff at interest rate of KRW 20% per annum; and (b) on April 27, 2013, when the Plaintiff did not repay the loan obligations, the Plaintiff drafted a notarial deed of money loan contract for security transfer (No. 1182, document No. 2013, document No. 1182, a notary public drafted as a notary public’s title to transfer the movable property of this case, which is the B ownership, to the Plaintiff by means of possession revision.
[Ground of recognition] Facts without dispute, Gap 1 to 5 evidence, Eul 9-1 to 3 each entry
2. The parties' assertion
A. The instant movable property held by the Plaintiff as the sole owner B was unable to repay the money borrowed from the Plaintiff by April 27, 2013, which is the maturity date. As such, the right to complete payment in accord is exercised.