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(영문) 의정부지방법원 2014.07.24 2012가합10499

양수금

Text

1. As to Defendant B’s KRW 82,146,547 and KRW 32,764,621 among them, Defendant B’s KRW 49,381,926 from November 26, 2010.

Reasons

1. Basic facts

A. D (hereinafter “the deceased”) who died on November 11, 2007, as the relocating owner of the building E miscellaneous land and the building on the ground (hereinafter “instant real estate”) in Namyang-si, Namyang-si, there are the spouse F, Defendant B (the wife), Defendant B (the Plaintiff A), Plaintiff C (the wife’s wife), and Samnam G (the Plaintiff’s wife I) and C (the wife I).

B. G and H completed the registration of ownership transfer on April 2, 2008 with respect to each of the instant real property on the ground of testamentary gift on April 2, 2008. After that, Defendant B completed the registration of ownership transfer on July 23, 2009 with respect to the share of 2/18 shares out of the instant real property (= G 1/18 H 1/18) as conciliation was concluded on July 23, 2009, when G and H filed a lawsuit seeking the return of forced portions against G and H around May 208, Defendant B filed a lawsuit seeking the return of forced portions against G and H with the Government District Court Decision 2008Gahap5803.

C. Meanwhile, the European Agricultural Cooperative, a creditor of the deceased and the highest priority-based mortgagee (hereinafter “Guuri Agricultural Cooperative”) filed an application for voluntary auction with respect to the instant real estate on February 23, 2010 and rendered a voluntary decision to commence the auction (J of the Government District Court; hereinafter “instant auction procedure”).

On August 2, 2010, the Plaintiff and I bid the purchase price of KRW 1.6 billion as a joint bidder on the date of the first sale in the auction procedure of this case and became the highest bidder, and subsequently acquired the ownership of the instant real estate by fully paying the remaining purchase price on August 9, 2010 after receiving a decision to permit the sale on August 9, 2010. On September 17, 2010, the Plaintiff and I completed the registration of ownership transfer as to each of the instant real estate 1/2 (i.e., shares G2/9 H 2/9 H 1/18).

From around 1994, the deceased commenced the business of the auto-camping place in the real estate of this case, “K”, and around April 2003, the deceased transferred the above auto-camping place business to the Defendants. However, on the other hand, the deceased reported the transfer of business by making the Defendant C, who mainly took charge of external affairs in the name of the transferee of the above auto-pamping place business, and the Defendants reported the transfer of business.