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(영문) 수원지방법원 2019.01.16 2018가합810

정산금배분

Text

1. The Defendant’s KRW 109,292,811 as well as 5% per annum from January 11, 2018 to January 16, 2019 to the Plaintiff.

Reasons

1. Basic facts

A. On May 17, 2004, the Plaintiff and the Defendant decided to purchase each of the lands listed in [Attachment 1] Nos. 1 to 3 of [Attachment 1] (hereinafter “instant land”) for KRW 2.8 million and invested KRW 1.4 million, respectively.

Of the instant land, the registration of ownership transfer under the name of the Defendant was completed as of December 28, 2004 by the Suwon District Court’s receipt of the Sungwon District Court’s Sungsung District Court’s registration office on December 28, 2004; the registration of ownership transfer under the name of Nonparty H was completed as of the receipt of the Sungwon District Court’s 147046 on the G land; and the registration of ownership transfer under the name of the Defendant was completed on February 25, 2008 as of the said G land under the receipt of the Sungwon District Court’s Sung District Court’s 24053 on February 25, 2008.

B. On the instant land, the Plaintiff and the Defendant decided to newly construct a factory and sell or lease it (hereinafter the Plaintiff and the Defendant purchased the instant land and newly construct and sell a factory, and completed the registration of initial ownership in the Defendant’s name on July 27, 201 by constructing each building listed in [Attachment 1] Nos. 4 and 5 of [Attachment 1] on the instant land (hereinafter “instant building”).

C. The construction cost of the instant building was required to be KRW 2,40,000,000. In order to cover the said construction cost, the original Defendant, on September 6, 201, established a joint collateral security of KRW 559,000,000 with respect to the instant land and building as the Suwon District Court’s receipt of 137753 by the Suwon District Court, as well as the joint collateral security of KRW 430,000,000,000 from the Plaintiff and the mortgagee, and received loans from the I Association.

(hereinafter “The instant loan”). On June 3, 2015, the Defendant created a joint collateral security against the instant land and building, which is the Suwon District Court’s receipt of the Sungsung District Court’s 118714, the maximum debt amount of KRW 516,00,000, the debtor, the Defendant, and the JB Co., Ltd., and the JB bank.