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Reasons
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(영문) 춘천지방법원속초지원 2017.06.20 2016가단945
청구이의
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1. The plaintiff's claim is dismissed.

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

Reasons

1. Facts of recognition;

A. On April 17, 2007, the Plaintiff and the Defendant purchased the status of the parties concerned and completed the registration of ownership transfer as to each share on May 3, 2007, by jointly purchasing at each ratio of 304/660, and 356/60, respectively.

B. At around 2011, the Plaintiff sought a loan of KRW 15 million from the original Saemaul Bank of Korea as security for the purpose of securing the hospital expenses of the Plaintiff. However, the original Saemaul Bank of Korea refused to grant a loan on the ground that there is a problem in the Plaintiff’s credit, and instead requested that the Plaintiff would be able to obtain a loan under the name of the Defendant, another co-owner of the land C. (2) The Plaintiff requested that the Defendant’s mother D receive a loan under the Defendant’s name, and D would cooperate with the Defendant to obtain a loan on November 10, 201, in Switzerland-si Forest Co., Ltd. (hereinafter “New Flus”) owned by the Defendant’s new flus (a part of it was divided into F, G, H, I, and J, and hereinafter “E”) in the name of the Defendant.

3) However, the Plaintiff said that there was no fund to purchase the E land to D, and D suggested that the Plaintiff borrowed more than KRW 30 million of the land, etc. as collateral, and used said KRW 30 million for the purchase of the E land. (c) The Plaintiff concluded a sales contract for part of the E land and KRW 45 million loan 1) on July 13, 201, and entered into a sales contract for purchase of KRW 331 square meters of the land, among the land, (hereinafter “the E land part”) with the new flus and the E (hereinafter “the sales contract of this case”).

2) In addition, on July 13, 201, the Plaintiff borrowed KRW 45 million from the original Saemaul Bank of Korea with the Defendant as the debtor on July 13, 201, and the Plaintiff borrowed KRW 45 million (hereinafter “instant loan”).

The loan obligations of this case on the same day.

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