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Reasons
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(영문) 수원고등법원 2019.10.24 2019나12844
대여금
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1. The part against the defendant in the judgment of the court of first instance shall be revoked, and the plaintiff's claim corresponding to the revoked part shall be revoked.

Reasons

1. Basic facts

A. On June 30, 2010, the Defendant: (a) was divided into N and I land, and the said I land was divided into N and K land.

Land of E and its ground buildings and E were divided into E and J land thereafter;

F The land above F was divided into O, P, Q and R land since then.

(hereinafter referred to as “each of the instant real estate”) completed the registration of ownership transfer on May 28, 2010 with respect to each of the instant real estate as a common name.

B. On June 30, 2010, the Plaintiff paid a total of KRW 300 million to G certified judicial scriveners who arranged the sale and purchase of each of the instant real estate on May 28, 2010, including payment of KRW 270 million. The said KRW 300 million was used by the Defendant for the purchase price of each of the instant real estate.

C. On June 30, 2010, the Defendant completed the registration of the establishment of a mortgage over the Defendant and the maximum debt amount of KRW 450 million with respect to each of the instant real property to the Plaintiff.

However, on January 16, 2013, H Union received a voluntary decision to commence the auction on the land and buildings, J land, and K land owned by the Defendant (U.S. District Court), and M, which is the largest part of the Plaintiff and the Defendant, entered into an agreement on November 12, 2013 (hereinafter “instant agreement”).

D. Drawee

1. The Plaintiff is to lend M KRW 250 million to M.

2. M in addition to the above loan amounting to KRW 250 million and KRW 265 million,190,000,000, the auction price for real estate auction shall be repaid to H Association and the auction shall be withdrawn.

3. M shall, after withdrawing an auction, sell I’s land and building and K’s land among the real estate subject to the auction, and shall repay to the Plaintiff KRW 250 million until December 15, 2013.

4. After the fulfillment of paragraph 3, the J land shall be immediately sold, and the full amount of the sale price shall be used for the repayment of the obligation to the plaintiff, who is the debtor of the plaintiff.

5. M shall be as follows:

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