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(영문) 서울중앙지방법원 2015.12.16 2015나6707

정산금

Text

1.The judgment of the first instance shall be modified as follows:

The plaintiff's claim and the plaintiff's primary claim are all made.

Reasons

1. Facts of recognition;

A. The Defendant received endorsement from the Plaintiff, ASEAN and D Co., Ltd. (hereinafter “D”) on September 30, 2009, which was issued on April 20, 2009 by the Plaintiff, and the Plaintiff’s son Co., Ltd. (hereinafter “D”), and rejected payment of promissory notes at the discount amounting to KRW 140 million on October 31, 2009, which was issued on May 20, 2009, and on May 20, 2009, respectively. However, each of the said promissory notes was rejected on September 30, 2009. < Amended by Presidential Decree No. 21729, Oct. 31, 2009>

B. Seoul Gangnam-gu E. 156.2 square meters and the 156.2 square meters and the 156.2 square meters above the ground, and the 2nd apartment house for multi-household (hereinafter “each of the instant real property”) owned by the Plaintiff. As to each of the instant real property, the Plaintiff completed on May 27, 2009 the provisional registration for transfer of ownership claim (hereinafter “the provisional registration of this case”) on the ground of the obligor C, the maximum debt amount 100 million won, the registration for the establishment of the 200 million maximum debt amount on June 17, 2009, the registration for the establishment of the 380 million maximum debt amount, and the registration for the establishment of the 380 million maximum debt amount on September 7, 2009, and the promise for sale on the same day (hereinafter “sale reservation”).

C. After the execution of multiple provisional seizures on each of the instant real estate and the commencement of voluntary auction procedures, the Defendant completed the registration of ownership transfer on December 22, 2009 based on the provisional registration of this case on November 20, 209 (hereinafter “instant sales contract”).

(2) On December 22, 2009, the Plaintiff: (a) issued a receipt to receive KRW 910 million from the Defendant on December 22, 2009, on the following grounds: (b) KRW 150,000,000,000,000 as collateral collateral obligation of the Bank (hereinafter “Korea Bank”); and (c) KRW 300,000,000,000,000,000,000,000,000 won; and (d) KRW 30,000,000,000,000 won as collateral collateral obligation of the Korea Bank (hereinafter “KC”); and (e) issued a receipt to the Defendant.