logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 부산지방법원 서부지원 2021.02.04 2018가단111630
대여금
Text

1. The plaintiff (the counterclaim defendant) is the plaintiff (the counterclaim plaintiff)'s land D in Busan Northern-gu from December 15, 2019.

Reasons

Basic Facts

The plaintiff is the father of the defendant and E.

On March 21, 2002, the Plaintiff purchased from F the land and the building on the ground (hereinafter referred to as the “instant real estate”) in the amount of KRW 330 million,00,000 from Busan Northern-gu, Busan (hereinafter referred to as the “instant real estate”). The Plaintiff purchased the purchaser’s name as “A and one other” (the seal affixed to the buyer’s name is “C,” which is the name prior to the Defendant’s name).

At the time of the conclusion of the above sales contract, KRW 30 million was paid at the time of the contract, and the intermediate payment of KRW 100 million was paid on April 8, 2002, and the remaining KRW 200 million was paid on April 15, 2002, but an agreement was made to pay KRW 131 million after deducting the deposit for the lease.

The plaintiff paid down payment to F. After paying the intermediate payment, the plaintiff should cancel the right to collateral security established at the time. On April 2002, the plaintiff paid the remainder amount of KRW 70 million.

The Plaintiff withdrawn money from the deposit account in the name of the Plaintiff and paid the down payment and remainder.

F On April 16, 2002, to the Defendant and E, who are the Plaintiff, registered the transfer of ownership on April 16, 2002 with respect to each of the shares of the instant real estate (hereinafter “the Defendant’s shares”) in 1/2 of the instant real estate (hereinafter “the Defendant’s shares”).

On June 12, 2003, the Plaintiff set up a right to collateral security, which causes 100 million won for the maximum amount of claims against E shares out of the instant real estate, and on December 1, 2003, the Plaintiff acquired the ownership of shares in the name of the Plaintiff on the ground of sale.

On May 22, 2006, the Plaintiff entered into a mortgage agreement with the Defendant on the ground of the maximum amount of KRW 150,000,000 with respect to the Defendant’s share. On the same day, Busan District Court’s receipt of the Busan District Court’s Busan District Court’s receipt of the registration office, thereby creating a mortgage, etc. (hereinafter the following “instant collateral mortgage”). The Plaintiff, after purchasing the instant real estate, shall pay acquisition tax, registration tax, property tax, etc. to the Defendant with respect to the instant real estate until now.

arrow