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(영문) 서울서부지방법원 2017.11.24 2015가단15415

건물명도

Text

1. Defendant (Counterclaim Plaintiff) B and Defendant C shall deliver to the Plaintiff the real estate indicated in the separate sheet.

2. Defendant (Counterclaim Plaintiff).

Reasons

1. Facts of recognition;

A. The relationship between Defendant B and Defendant C is the father of Defendant C, and Defendant C maintained a matrimonial relationship with Defendant D on March 7, 2014, while the agreement was married on March 7, 2014. The Defendants are each real estate listed in the current separate sheet (hereinafter “each of the instant real estate”).

2) E is a person who has been engaged in credit business with the trade name from March 8, 2007 to F, and the Plaintiff is the wife of E.

B. A credit service provider E and D’s money transaction 1) began from around 2008 to borrow money as collateral from E. It was necessary to grant additional loans from each of the instant real estate owned by Defendant B as collateral. The content of the establishment of the right to collateral security was as follows. The creditor on the date of the establishment of the right to collateral security, with the maximum debt amount of KRW 1-1, 209 on January 8, 2009, "" No. 68990, Jul. 2, 2009, 1-1, 2000 No. 1-1, 300,000 won on July 2, 2009, 201-1, 300,000 won on September 2, 201, 200 KRW 17,500,000 on September 22, 209, 200 KRW 1,500,000,000 for each of the instant real estate.

On the other hand, Defendant B entered the above loan transaction agreement as a joint and several surety, and the seal impression is affixed thereto.

C. Around May 2012, the Plaintiff: (a) D (i) failed to pay interest from around May 2012, when the ownership transfer registration of each of the instant real estate was completed; (b) E urged repayment of debt; (c) D drafted to E on July 6, 2012 a letter “I will not neglect the change of the name of each of the instant real estate to the Plaintiff if I are unable to repay the loan amounting to KRW 30 million by September 5, 2012; and (c) the name and seal of Defendant B are affixed on each of the said statements (No. 6’s certificate).