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(영문) 대전지방법원서산지원 2017.05.30 2016가단53208

약정금

Text

1.(a)

Defendant B’s KRW 129,046,335 among the Plaintiff and KRW 125,724,743 among the Plaintiff, from August 18, 2016, and KRW 3,321.

Reasons

1. Facts of recognition;

A. The relationship between the Plaintiff and the Defendants and the reasons why the letter of performance was prepared 1) Defendant B is the wife of the Plaintiff, Defendant C is the son of D, and the Plaintiff is the son of D, and the son of E. Defendant B is the son of D. The respective real estate listed in the separate sheet (hereinafter “F”) owned on November 22, 1997.

(A) 185m2 and its ground buildings (hereinafter referred to as “H”) before G and Seosan-si.

(2) On May 15, 1997, Defendant B completed the registration of the transfer of ownership on the ground of a successful bid (hereinafter referred to as “B”) and completed the registration of the establishment of each of the collective security rights (hereinafter referred to as “BB-mortgage”) with each of the maximum debt amounts (hereinafter referred to as “B-mortgage”) worth KRW 30 million on March 24, 1998, the maximum debt amount (14 million on April 17, 1998, the maximum debt amount), and KRW 13 million on September 20, 1999, with respect to H. < Amended by Act No. 5539, Mar. 24, 1998>

On December 12, 2002, the Korea Deposit Insurance Corporation, which is a trustee in bankruptcy of Chuncheon, was voluntarily decided to commence the auction of H by this court.

3) On April 22, 2003, the Plaintiff: (a) completed the registration of ownership transfer for H on April 15, 2003 with respect to H on the same day; (b) and (c) was merged with the Choung Bank Co., Ltd. (hereinafter, a new bank) with respect to H on the same day.

hereinafter referred to as “Redive Bank”)

2) The lower court erred by misapprehending the legal principles as to the right to collateral security (hereinafter “instant maximum debt”).

) After completing the registration of creation, the Plaintiff borrowed KRW 60 million from the Bank of Cho Jae-gu. Meanwhile, the voluntary auction set forth in Paragraph 2 was withdrawn on April 18, 2003, and the right to collateral security was cancelled on April 23, 2003.

4) Defendant B’s statement of performance to E on July 22, 2006 (hereinafter “instant statement of performance”).

was prepared and proposed.

The main contents are as follows:

On April 2003, H had paid interest and principal four times in the name of the Plaintiff by receiving a loan of KRW 60,000,000 from Choung Bank in the name of the Plaintiff, which was paid in full.

In addition, it is difficult to say that it is early.