logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원성남지원 2015.01.09 2014가합204068
양수금
Text

1. The plaintiff's claims against the defendants are all dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On August 17, 2005, D purchased each land listed in the separate list Nos. 1 through 4 from E on the same day from E on the same day, each land listed in the separate list Nos. 5 through 9 of Attached 1, Defendant C purchased each land listed in the separate list Nos. 10 through 12 from F on the same day, and Defendant B purchased each land listed in the separate list Nos. 10 through 13 from F on the same day, and on August 23, 2005, each land listed in the separate list Nos. 1 and 13 from F on the same day (hereinafter “each land of this case”).

B. On August 23, 2005, D obtained a loan of KRW 1 billion (hereinafter “the instant loan”) from the Dabaam Agricultural Cooperative (hereinafter “CF”), and D as a debtor to secure the above loan’s obligation, D completed the registration of establishment of a collateral in the name of the Dabam Agricultural Cooperative in the name of No. 1.40 million won with respect to each of the instant land as a surety’s property to secure the above loan’s obligation.

C. On the other hand, D, on July 9, 2008, completed the registration of creation of a mortgage of KRW 260,000,000,000 for each land listed in [Attachment I] Nos. 1 to 9 of the real estate list, one of its own possession, as of each land, and KRW 200,000,000,000,000,000,000,000,000,000.

D When the Defendant did not pay interest on the debt of the instant loan, N.C. filed an application for the auction of real estate rent (hereinafter “the instant auction”) with the Suwon District Court in Sungnam Branch G for each of the instant land. On May 18, 2012, the Defendants subrogated the total amount of the principal and interest of the instant loan KRW 969,513,917 (Defendant B480,000,000, Defendant C489,513,917) (hereinafter “the instant subrogation”).

E. On May 18, 2012, NFF withdrawn the application for voluntary auction of each land listed in the No. 10 or No. 13, the Defendants owned among each of the instant lands at the above auction court. The Defendants are the subrogation court D.

arrow