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Reasons
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(영문) 수원지방법원성남지원 2016.01.27 2015가단10461
가등기말소
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1. The plaintiff's claim is dismissed.

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

Reasons

1. Presumed factual basis

A. On October 26, 2011, the Defendant delivered KRW 1 billion to C (the husband of the Plaintiff) on October 26, 201, and C decided to repay KRW 2.5 billion to the Defendant.

C paid a total of KRW 810 million to the Defendant from September 16, 2013 to April 30, 2014.

(B) The amount of KRW 40 million on September 16, 2013, KRW 200 million on January 14, 2014, KRW 300 million on February 28, 2014, KRW 75 million on March 12, 2014, KRW 75 million on March 31, 2014, KRW 75 million on March 31, 2014, KRW 40 million on April 11, 2014, KRW 80 million on April 30, 2014, and KRW 80 million on April 30, 2014).

C On May 8, 2014, the Defendant made a statement to the effect that “The Defendant shall pay KRW 30 million up to May 31, 2014 for the amount of KRW 883 billion out of the outstanding amount of KRW 1.69 billion, KRW 153 million up to June 30, 2014, KRW 350 million up to November 30, 2014, KRW 350 million up to March 30, 2015, and KRW 357 billion up to March 30, 2015, KRW 87 billion in the remaining amount of KRW 87 billion in the business of the Seocho-si apartment project,” and that “The repayment will be made by means of a transfer and replacement of all the shares and all the rights” shall be made by means of a redemption commitment.

In addition, on the same day, C prepared a confirmation letter to the Defendant that “I will pay in full the individual shares and provisional receipts of the speed D apartment project, and C will pay in full if I give up the above shares and provisional payments, but I would not know about KRW 87 billion,000,000.”

C paid a total of KRW 26 million to the Defendant from May 21, 2014 to June 30, 2014.

(F) KRW 30 million on May 21, 2014, KRW 26 million on June 9, 2014, and KRW 150 million on June 30, 2014.

C On August 18, 2014 and September 3, 2014, on August 18, 2014, and September 3, 2014, the Plaintiff (C’s wife) completed the provisional registration stated in the purport of the claim (hereinafter “the provisional registration of this case”). D.

C paid KRW 200 million to the Defendant on January 16, 2015.

E. C borrowed KRW 500 million from E under the Defendant’s guarantee on February 3, 2015, and paid KRW 500 million to the Defendant on the same day.

[Ground of recognition] Facts without dispute, Gap 1 to 29 evidence, Eul 1 to 22 evidence, and the whole purport of the pleading.

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