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(영문) 서울북부지방법원 2016.11.29 2014가단51050
퇴거 등
Text

1. From November 23, 2015 to November 23, 2015, Defendant B’s list 89,000,000 to the Plaintiff’s 89,000 won

(a) The real estate mentioned in paragraph (1);

Reasons

1. Basic facts

A. “F” has a business plan to purchase four parcels of land outside Gangnam-gu Seoul Metropolitan Government, Gangnam-gu, Seoul, and to newly build a tenement house on the ground. From June 2002, F borrowed KRW 320 million from H to the purchase cost of each of the above parcels of land and the construction cost of the building. (ii) On June 5, 2002, F purchased 2/3 shares of the land from the Gangseo-gu Seoul Metropolitan Government, Gangnam-gu, Seoul, Seoul, and I and completed the registration of ownership transfer by purchasing 2/3 shares of the buyer’s name from H.

The above land was divided into the land listed in the attached list No. 1 (hereinafter “instant land”) after the said G land was combined with the said G land, and the ownership transfer registration was completed on July 25, 2002 with respect to the remaining 1/3 shares of the instant land due to the partition of co-owned property, and the instant land was owned solely by H.

3) Around June 2002, H requested H to obtain a loan of this case as collateral, and H to obtain a loan of KRW 125,000,000 from Choung Bank Co., Ltd. on June 111, 2002, and F to obtain a loan of KRW 125,000,000, and on the same day, F was merged into the Republic Interest Bank Co., Ltd. (Republic Interest Bank Co., Ltd.) on the instant land.

(2) The lower court determined that the instant collateral security was a collateral security (hereinafter referred to as the “instant collateral security”) with the maximum debt amount of KRW 162,500,000.

The registration of creation of superficies and superficies was completed. After that, on January 12, 2010, K, who is the wife of J, the representative director of the Plaintiff, fully repaid the loan obligation to the above bank, and acquired the right to collateral security from the above bank, and completed the supplementary registration before the instant mortgage transfer. 4) The representative director J of the Plaintiff was rendered a favorable judgment against H based on the loan claim amounting to KRW 80 million against H, by filing a lawsuit claiming a loan with the Seoul Central District Court 2007Kadan44691, and the final judgment is the title of execution.

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