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(영문) 서울남부지방법원 2015.04.30 2014가합105708

양도담보계약무효 등 확인

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1. The plaintiffs' claims against the defendants are all dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. The F Area Urban Environment Improvement Association (hereinafter “instant association”) is the association established on July 1, 2006 for the urban environment improvement project under the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents, and is the association established on July 11, 2006, G G-gu Seoul Metropolitan Government 58,5643.90 square meters as a project implementation district.

B. On May 25, 2009, the deceased B (hereinafter “B”) borrowed KRW 12 million (hereinafter “the instant loan”) from the Defendant Youngdong Saemaeul Saemaul Community Bank (hereinafter “Defendant Youngdong Community Credit Union”) around May 25, 2009, and completed the registration of the establishment of a mortgage over the instant land on the same day, and around May 26, 2009, it concluded a contract for the transfer of the instant building leased and possessed by I for the purpose of securing a claim to the Defendant community credit cooperative (hereinafter “instant transfer contract”). On May 26, 2009, on the same day, the Defendant community credit bank, the maximum debt amount of KRW 15.6 million (hereinafter “the instant loan”). The transfer of the instant building leased and possessed by I for the purpose of securing a claim (hereinafter “the instant transfer transfer contract”).

1. The above unregistered buildings will be offered as additional security to the Korea Community Credit Cooperatives after completing the preservation registration as soon as possible. 2. If it is impossible to transfer ownership registration, it will immediately comply with the demand of the Korea Community Credit Cooperatives to remove or order the above unregistered buildings due to the need such as preserving the claims of the Korea Community Credit Cooperatives or exercising the right to collateral security. 3. In the event that ownership of the above unregistered real estate is transferred by auction due to nonperformance of obligation, etc., the above unregistered buildings will be given up all the rights to the above unregistered buildings. 4. The above unregistered buildings will bear all civil and criminal liabilities arising from the above unregistered buildings, and the Korea Community Credit Cooperatives will not inflict any damage.

B thereafter, this shall apply.