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(영문) 창원지방법원밀양지원 2019.03.15 2017가합10212

구상금

Text

1. The defendant shall pay to the plaintiff B 107,142,857 won and a rate of 15% per annum from August 13, 2017 to the date of full payment.

Reasons

1. Basic facts

A. 1) On December 31, 1999, D, the owner of each real estate listed in the separate sheet, died on December 31, 199, and D, the heir of D, the spouse of the Plaintiff A, E (ma), Plaintiff B (ma), F (ma), G (3), H (ma 4), I (ma), and J (5). Meanwhile, E died on July 16, 2012, and E’s heir was the Defendant, children, and L, the spouse of E.

B. D The real estate listed in paragraph (1) of the Attached List Nos. 1 and 2 (hereinafter “instant land”) on March 13, 1981 (hereinafter “instant land”).

) After completing the registration of ownership transfer based on sale on March 5, 1981, with respect to the real estate listed in Attachment List 2 (hereinafter “instant M commercial building”) on December 29, 1983 after the registration of ownership transfer based on sale was completed.

A) A new construction and the registration of initial ownership was completed. Since D was used for cerebrovascular in around 1996, E had continued to manage the instant MM commercial building. 2) On June 24, 2000 after D died, on the instant land and M commercial building, the ownership transfer registration was completed on December 31, 1999 with respect to the shares of 40/100 of each of the instant real estate, E, 13/100 shares, 12/100 shares, F, G, H, I, and J in the future in the future of the Plaintiff A, as to each of the instant land and M commercial buildings on June 24, 200.

E With respect to 7/100 shares of J on October 30, 2003, the registration of ownership transfer based on sale on September 30, 2003, and the defendant completed the registration of ownership transfer based on sale on June 1, 2007 with respect to 7/100 shares of G on June 1, 2007.

3) On June 24, 2005, E shall mutually change the maximum debt amount of 490,000,000,000 won for the instant land and M commercial buildings, the debtor E and the NB association of the mortgagee E and the mortgagee of the right to collateral security (O union on February 27, 2008; hereinafter “O association” in total before and after the mutual change.

2) After the registration of the establishment of a neighboring mortgage was completed (hereinafter “instant 1-mortgage”).

On the same day, each of the above real estate was loaned KRW 350,000,000 as security, and each of the above real estate on July 12, 2010.