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(영문) 수원지방법원안양지원 2014.09.02 2013가단107063

건물명도

Text

1. The Defendant’s KRW 2,371,443 as well as the annual rate of KRW 5% from September 17, 2013 to September 2, 2014 to the Plaintiff.

Reasons

1. Basic facts

A. On December 20, 2005, the Plaintiff filed a claim for reimbursement with B and C as the Defendant and received a judgment on December 20, 2005, “B and C shall jointly and severally pay to the Plaintiff 121,57,110 won, 120,124,320 won, 15% per annum from August 9, 2005 to November 22, 2005, and 20% per annum from the next day to the day of full payment.” The above judgment was finalized on January 6, 2006.

B. On March 29, 2002, the registration of ownership transfer in B was completed on the ground of sale as of March 15, 2002 with respect to the D apartment No. 1602 (hereinafter “instant apartment”).

C. On June 23, 2005, the decision of voluntary auction (hereinafter “instant auction”) was rendered to Suwon District Court E on June 23, 2005 with respect to the instant apartment, and the Defendant completed the registration of ownership transfer under the name of the Defendant on the ground of sale by voluntary auction on March 28, 2006.

The Defendant borrowed KRW 107,00,000 from the old credit cooperative to obtain the successful bid of the apartment of this case, and the maximum debt amount shall be KRW 139,10,000,000, and the obligor and the mortgagee of the right to collateral security had completed the registration of the establishment of the neighboring mortgage, which is the old credit cooperative, but cancelled on May 8, 2007. The amount equivalent to the interest paid by the Defendant to the old credit cooperative prior to the cancellation of the registration of the establishment of the neighboring apartment of this case is KRW 8,607,631.

E. On May 8, 2007, the Defendant borrowed 130,000,000 won from Dong Fire & Marine Insurance Co., Ltd. (hereinafter “Dong Fire & Marine Insurance”).

When cancelling the registration of the establishment of a neighboring marine insurance unit in this case, the maximum debt amount of KRW 169,00,000 for the apartment in this case, and the debtor and the mortgagee have completed the registration of the establishment of a neighboring marine insurance unit.

From May 8, 2007 to December 11, 2012, the Defendant paid interest of KRW 44,242,783 to Dong Fire Insurance.

(f).