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Reasons
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(영문) 서울고등법원 2019.09.06 2018나10328
구상금
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1. Of the judgment of the court of first instance, “71,69,077 won and its related thereto” against the Plaintiff from April 28, 2018 to September 6, 2019.

Reasons

1. Basic facts

A. The Plaintiff and the Defendant’s relationship and the Plaintiff’s name change are the Defendant’s children.

On October 11, 2003, the Defendant acquired the ownership of the Yongsan-gu Seoul Metropolitan Government C apartment D (hereinafter “instant apartment”) and completed the registration of ownership transfer on October 31, 2006 to the Plaintiff on the ground of donation.

B. On July 11, 2007, the Defendant established a right to collateral security (hereinafter “instant right to collateral security”) regarding the instant apartment with a maximum debt amount of KRW 350,400,000 on July 12, 2007, in order to obtain loans from E Co., Ltd. and secure the obligation for loans (hereinafter “instant loans”).

The instant right to collateral security and loan were transferred before the transfer, and finally, the instant right to collateral security was transferred to F on July 7, 2017 to F, and the instant right to collateral security was transferred on July 10, 2017.

C. From July 2017 to April 13, 2018, the Plaintiff paid to F, a total of KRW 246,859,022 of the principal and interest of the instant loan and delayed fees. On April 13, 2018, the Plaintiff cancelled the registration of establishment of the instant loan.

On April 12, 2018, the Plaintiff established the right to collateral security with respect to the instant apartment on April 12, 2018, and loaned KRW 207,00,000 to the G Bank for loans to the G Bank as KRW 172,50,000 on April 13, 2018.

[Basis] Facts without dispute, Gap evidence 1, Gap evidence 3-1, 2, Gap evidence 4, Gap evidence 11-1 to 5, Gap evidence 12, Eul evidence 1, 3, and 4, the purport of the whole pleadings

2. Chief;

A. The apartment of this case is the Defendant’s donation to the Plaintiff.

As the Plaintiff subrogated for the Defendant’s obligation of the instant loan, he/she seeks reimbursement of KRW 240,602,337 out of the amount of subrogated payment.

B. The apartment of this case was held in title trust by the defendant to the plaintiff.

The defendant is obligated to recover ownership of the apartment of this case.

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