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(영문) 서울북부지방법원 2018.06.08 2017나3954
대여금
Text

1. Upon the claim that the court changed the exchange in this court, the defendant shall pay to the plaintiff KRW 20,000,000 and this shall apply.

Reasons

Facts of recognition

On January 4, 2016, the Plaintiff purchased from C large 397 square meters and E large 148 square meters (hereinafter “instant real estate”) from Seoul, Incheon, Sipo-gun, and completed the registration of ownership transfer on February 2, 2016.

Since February 10, 2011, the instant real estate was established between the right to collateral security and superficies of an agricultural cooperative, i.e., e., e., e., e., e., e., e., e., e., e., e., e., e., b., 20,000 won, and 20,000 won, out of the secured debt of 80,000,000 won and the remaining 60,000 won, and completed

On July 2016, the Plaintiff and the Defendant obtained a loan of KRW 110,00,00 from a lending company as collateral and paid to the Plaintiff the remainder after repaying the Plaintiff’s debt to the Defendant, or used it as expenses. For this purpose, the Plaintiff agreed to delegate the matters related to the authorization, permission and sale related to the instant real estate to the Defendant, while consenting to the use of the instant real estate.

Accordingly, on July 2016, the Defendant borrowed KRW 110,000,000 from the loan loan and investment financing for the instant real estate owned by the Plaintiff as collateral, and on July 15, 2016, the collateral security and superficies with respect to the instant real estate were respectively established on July 15, 2016 with regard to the obligor, the Defendant, the mortgagee F, the maximum debt amount of KRW 165,00,000, respectively.

On the other hand, on July 15, 2016, the registration of the establishment of a mortgage and the registration of the creation of superficies of the above-mentioned agricultural cooperative was cancelled on the grounds of termination.

On July 15, 2016, the Defendant prepared and executed a cash custody certificate stating that “I shall receive and keep the said amount and return it until October 31, 2016,” to the Plaintiff (hereinafter “the cash custody certificate of this case”).

[Ground of recognition] Facts without dispute, Gap Nos. 1, 3, 7 (if available, including branch numbers; hereinafter the same shall apply) and Eul Nos. 1 to 4, 8.

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