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(영문) 서울중앙지방법원 2016.11.17 2015가합540050

구상금

Text

1. The defendant shall be the plaintiff.

(a) KRW 450,00,000 as well as 6% per annum from June 24, 2015 to November 17, 2016; and

Reasons

1. Basic facts

A. The deceased B (the deceased on April 24, 200, hereinafter “the deceased”) owned the ownership transfer registration of the deceased’s share on July 2, 2008, 362 square meters (hereinafter “C land”), D 9 square meters (hereinafter “D”), E large 127 square meters (hereinafter “E”), F large 761 square meters (hereinafter “F land”), and the attached building (hereinafter “F building”; G, the wife of which was divorced on April 2, 2002, owned the ownership transfer registration of the deceased’s share on April 25, 200 on each of the instant real property on the grounds of division of 2/5, 200, and on each of the instant real property divided on April 25, 200, 201 for the reason that each of the instant shares was divided on April 208, 201, and the Defendant completed the ownership transfer registration of the deceased’s share on each of the instant real property divided on April 28, 2002.

B. On June 23, 2010, the draft agricultural cooperative granted a loan of KRW 1.5 billion to the Defendant, set up the right to collateral security (hereinafter “mortgage”). On September 11, 2014, the said right to collateral security (hereinafter “the instant right to collateral security”) was transferred to EpP Co., Ltd. (hereinafter “EpP”) with respect to the land, D land, F land, and the building of this case, the obligor, the maximum debt amount of KRW 1.95 million, and the said right to collateral security was transferred to EpP Co., Ltd. (hereinafter “EpP”), and on the same day, the said right to collateral security was additionally registered (hereinafter “Supplementary registration 1”).