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(영문) 대구지방법원 2015.05.21 2014가합206659
대여금
Text

1. Defendant C:

A. As to the non-party D’s share of 200/100 out of 11,824 square meters in Daegu Dong-gu E-gu, Daegu District Court, 2010.

Reasons

1. Basic facts

A. The Plaintiff and Defendant C are siblings, and Defendant C is the representative director of Defendant B Co., Ltd. (hereinafter “Defendant Company”).

B. In around 2001, Defendant C loaned money to the Plaintiff and Nonparty G for use by the Defendant Company, such as deposit for lease and expenses for the extension of gas stations to be returned to Nonparty C Co., Ltd., and the Plaintiff borrowed KRW 500 million from around 1997 to around 1999 (hereinafter “instant loan”).

The said money was deposited into an individual passbook of Defendant C.

On November 12, 2001, the Plaintiff concluded a collateral security agreement with the Plaintiff, Defendant, and the maximum debt amount set forth 600 million won in order to secure the above loan claims regarding the land and building owned by the Defendant Company, and completed the registration of collateral security (hereinafter “instant collateral security agreement”) with the Daegu District Court No. 3961, Nov. 12, 2001, which received on November 12, 2001.

On March 29, 2006, the Plaintiff anticipated the Plaintiff’s personal property to be seized, and cancelled the registration of the establishment of the above mortgage on March 29, 2006, following consultation with Defendant C.

C. On February 25, 2010, the Plaintiff purchased non-party D and F-owned land E, 11,824 square meters (hereinafter “instant real estate”) and completed the registration of ownership transfer (hereinafter “registration of ownership transfer”) in the name of Defendant C as of April 23, 2010, under the Daegu District Court’s registration No. 12987, which received on April 23, 2010, with respect to the share of 200/100 out of the shares of D 1/2, as of April 23, 2010, under the name of each of Defendant C as of April 12988, the Daegu District Court’s registration office received on April 23, 2010.

All matters related to the sales contract on the instant real estate were performed by the Plaintiff, and all of the sales proceeds of the instant real estate were borne by the Plaintiff, and various taxes related to the acquisition and possession were borne by the Plaintiff until 2014.

The plaintiff.

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