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(영문) 서울북부지방법원 2015.10.14 2014가합8329

대위변제금

Text

1. The Defendants are jointly and severally liable to the Plaintiff for payment of KRW 72,885,611 and the period from February 18, 201 to October 14, 2015.

Reasons

1. Facts of recognition;

A. The Plaintiff and the Defendants and D (hereinafter referred to as the “execution company”) subcontracted part of the structural construction work of the construction work of the building of the building of the building of the building of the building of the building of the building of the building of the building of the building of the building of the building of the building of the building of the building of the building of the building of the building of the building of the building of the building of the building of the Do.

B. On July 1, 2010, the Plaintiff entered into a contract for the transfer of security (hereinafter “instant transfer of security contract”) with respect to the instant building newly constructed with Defendant B and Do Construction (hereinafter “each of the instant real property”) in order to secure the payment of the said subcontract remainder payment claim amounting to KRW 940 million, and Defendant B completed the registration of transfer of ownership under the name of the Plaintiff on July 7, 2010 with respect to each of the instant real property.

C. On July 5, 2010 with respect to each of the instant real property, each of the following facts was completed on each of the following: (a) the debtor, the Defendants, the D, and F (hereinafter “the debtor”), the National Federation of Collaterals (hereinafter “Water Cooperatives”), the sum of the maximum debt amount, KRW 239,200,000 won ( KRW 5014,1.62, KRW 502, KRW 5032, KRW 503, KRW 2860, KRW 5044, KRW 506, KRW 506, KRW 507, KRW 5075, KRW 590,000). The Plaintiff was notified by the Suhyup that the voluntary auction will take place on January 6, 201, and the total amount of the principal and interest of the instant loan was revoked on each of the loans extended to the debtor on February 16, 2011.

With respect to each of the instant real estate, the provisional registration of the right to claim ownership transfer based on the purchase and sale reservation was completed on January 31, 201, and the ownership transfer registration based on the sale and purchase reservation was completed on September 5, 201, respectively, on September 201, 201.

[Ground of recognition] Unsatisfy, Gap evidence 1 to 4, Gap evidence 7-1 to 6, and Eul evidence 5-2.