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(영문) 수원지방법원 2014.06.17 2013가합24163

손해배상등

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On March 21, 201, 201, D, including the conclusion of a real estate exchange contract, is between E and E, the Plaintiff’s father, and the F land and the above land buildings owned by E (hereinafter “Cheongju Real Estate”), and the land and the 6th floor of the above land owned by Suwon-si, Suwon-gu, Suwon-gu, Suwon-gu, and the Appointed, and the G land and the above land owned by D (hereinafter “unowned Real Estate”); the Appointor C and the Appointor D are married with the Defendant and the Appointor C.

In order to exchange the second floor 211 (hereinafter referred to as “use building”) of the H building in Yeongdeungpo-gu, Young-gu, and entered into a real estate exchange agreement (hereinafter referred to as “instant exchange agreement”) with the content that an additional amount of KRW 150 million (the contract amount of KRW 30 million, the remainder of KRW 120 million, and the remainder of KRW 120 million) from E was paid.

(A) At the time of the conclusion of the instant exchange contract, KRW 30 million was completed for the establishment of a mortgage consisting of the debtor I, the mortgagee of the right to collateral security, the J, and the maximum debt amount of KRW 300 million. However, on March 21, 2011, E and the Plaintiff agreed to pay KRW 200 million to the designated party D by August 201, 201.

With respect to the real estate in Suwon on March 25, 2011, the Plaintiff received each transfer of ownership registration on the real estate in Chungcheongnamju on March 28, 2011.

On March 25, 2011, the Plaintiff entered into a remodeling construction contract with the Cheongho Comprehensive Construction Co., Ltd. (hereinafter “Cheongho Comprehensive Construction”) by setting the construction cost of KRW 270 million as the cost of construction on the water source real estate.

B. On November 7, 2011, K transferred KRW 100 million out of the secured claims of the right to collateral security established in the J’s name, which was established in the building and the source real estate in the name of the J, and completed the registration of partial transfer of the right to collateral security on the 10th of the same month.

K is against the source of real estate and acceptable building on the basis of the transferred collateral security.