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(영문) 울산지방법원 2016.11.01 2015가단58838

구상금

Text

1. The Defendant’s KRW 120 million with respect to the Plaintiff and 20% per annum from September 4, 2015 to September 30, 2015, and the following.

Reasons

1. Basic facts

A. Division relation and Plaintiff’s transfer registration 1) The forest land B in Ulsan-gun, Ulsan-gun (hereinafter “Before subdivision”) is 30,744 square meters (hereinafter “Before subdivision”).

to the unit of not more than Myeon.

(1) On June 12, 2015, the Plaintiff was divided into KRW 8,265 square meters in B forest, KRW 6,612 square meters in C forest, KRW 5,509 square meters in D forest, KRW 5,509 square meters in E forest, KRW 2,094 square meters in F forest, KRW 2,755 square meters in G forest, KRW 8,265 square meters in G forest, and KRW 2,755 square meters in forest. (2) On July 14, 2015, the Plaintiff was again divided into KRW 4,298 square meters in B forest and KRW 3,967 square meters in H forest.

3) On February 25, 2005, the registration of co-ownership was completed in the name of Defendant et al. on the land before subdivision. However, on July 6, 2015, the registration of ownership transfer was completed on the land before subdivision; (i) on July 6, 2015, on the land B forest No. 8,265 square meters; (ii) on the land B forest No. 4,298 square meters; and (iii) on the land H forest No. 3,967 square meters; and (iv) on August 11, 2015, the registration of ownership transfer was completed on the ground of the Plaintiff’s “sale on July 6, 2015” (hereinafter the Plaintiff’s ownership ②; and (iii) on the real estate of this case.

B. B. B. The Defendant’s share out of the land prior to the split-off (i.e., the establishment registration of a neighboring mortgage under J’s name) was completed on August 8, 2008 with respect to the Defendant’s share (i.e., 1377.5/30744/307.5/30744), the maximum debt amount of August 8, 2008 was KRW 120 million, the debtor, the Defendant, and the Defendant, the J-mortgage, the establishment registration of a neighboring mortgage (hereinafter “instant neighboring mortgage”).

2) The registration of the establishment of a neighboring mortgage of the instant case was subsequently transferred to each of the instant real estate owned by the Plaintiff, which was divided after the establishment of a mortgage of the instant case (hereinafter referred to as “the registration of the establishment of a mortgage of the instant case”), and the said mortgage is deemed as “the instant

(C) On August 17, 2015, the Plaintiff repaid the amount of KRW 120 million to J, a collective security right holder of each of the instant real estate. On August 18, 2015, the Plaintiff completed the supplementary registration of the transfer of the right to collateral security on the ground of “transfer of contract on August 17, 2015” in the future of the Plaintiff on August 18, 2015.

2 The JJ is against the defendant who is the debtor.