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(영문) 수원지방법원 2017.04.20 2016나18675

구상금

Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1...

Reasons

1. Determination on the cause of the claim

A. The following facts do not conflict between the parties, or each entry of Gap evidence 1 to 8, Gap evidence 9-1, 2, and Eul evidence 1 and 2 may be admitted by integrating the whole purport of the pleadings.

1) On November 30, 1995, C, the husband of the Plaintiff, is the Defendant’s National Bank of Korea (hereinafter “National Bank”).

On February 29, 1996, the Defendant’s obligation to pay discounted bills loans of KRW 50,000,000 to the Defendant’s National Bank was jointly and severally guaranteed the Defendant’s obligation to pay discounted bills loans of KRW 50,000,000 to the Defendant’s National Bank. 2) C died on June 6, 2008.

3) The Plaintiff is a house with a size of 140 square meters and its ground owned by the deceased C on October 17, 2008 (hereinafter “instant real estate”).

As to the real estate of this case, on June 6, 2008, the registration of ownership transfer was completed on the ground of inheritance by consultation division on June 6, 2008. As to the real estate of this case, the registration of provisional seizure entry, etc. was completed as follows. (A) The Korea Asset Management Corporation (Seoul District Court Decision 2001Kadan51069) was issued a provisional attachment order with the claim amount of KRW 77,440,084, and accordingly, on April 12, 2001, the registration of provisional seizure entry was completed on the real estate of this case, and on December 29, 2006.

B) The National Bank received a decision to commence a voluntary auction on the instant real estate as Seoul District Court Dong Branch E, and accordingly, on March 11, 2002, the entry registration of the decision to commence the auction was completed, and on October 6, 2003, the Korea Asset Management Corporation was cancelled on October 6, 2003) obtained a decision to commence a compulsory auction on the instant real estate from Seoul Dong District Court F. Accordingly, on January 13, 2005, the registration of the entry of the decision to commence the above compulsory auction was cancelled on July 25, 2005. < Amended by Presidential Decree No. 18745, Jul. 15, 2005>