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1. Defendant C’s KRW 88,993,558 as well as 5% per annum from July 15, 2016 to July 5, 2017, and the following.
Reasons
1. Facts of recognition;
A. On November 19, 2003, Defendant C and the Plaintiff’s husband D entered into a contract with E that “The Plaintiff and Defendant B (the Defendant C’s denial) purchase of 1,018 square meters and 348 square meters and 348 square meters and 348 square meters and 1/2 shares of each of the said G while the Plaintiff and the Defendant B (the Defendant C’s denial) purchase of each of the instant land from E.
B. The plaintiff and the defendant B are above-mentioned on November 28, 2003.
Pursuant to the contract of sale and purchase as stated in paragraph (1), the registration of ownership transfer for one-half of each share of the land in this case shall be completed in each name.
C. On December 30, 2003, Defendant C and D obtained a loan of KRW 100,000,000 from the Korea Agricultural Cooperative (hereinafter “Seoul Agricultural Cooperative”) with the Plaintiff as the debtor, and used KRW 50,000,000 for each of them. To secure this, Defendant C and D determined the maximum debt amount of KRW 140,000,000 as to the instant land and the Plaintiff as the debtor, respectively, and completed the registration of the establishment of a mortgage.
In addition, on June 30, 2004, Defendant C used 150,000,000 won as the debtor for loans from Samching Agricultural Co., Ltd. with Defendant B as the debtor. To secure this, Defendant C completed the registration of creation of a mortgage on the land of this case as the maximum debt amount of 300,000,000 won with respect to the land of this case and the Plaintiff respectively.
After that, on December 31, 2004, the debtor was changed from the plaintiff to the defendant B.
(e) The CFFC shall be as follows: D and Defendant C:
(c) and (d);
on May 10, 2012, each of the loans described in the subsection was not repaid.
(c) and (d);
According to each of the collective security claims described in the subsection, the Gwangju District Court filed an application for the auction of real estate rent with respect to the instant land H and I.
F. Accordingly, D and Defendant C borrow a sum of KRW 310,000,000 from J on January 31, 2013 to Sampo National Agricultural Cooperative, the sum of which is KRW 310,000,000.
(c) and (d);
all of the loans specified in subsection (1).
(c) and (d);
All of the collateral security listed in the subsections were cancelled, and the third party National Agricultural Cooperative was on February 1, 2013, as above.
The application for voluntary auction mentioned in the subsection was withdrawn.
(g).