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(영문) 서울남부지방법원 2020.01.31 2018가합112483
손해배상(기)
Text

1. Defendant B transferred the bonds listed in the attached list to the Plaintiff, and transferred the above bonds to D and E.

Reasons

1. Basic facts

A. Defendant C is the Plaintiff’s female life, and Defendant B is the husband of Defendant C, who is the husband of Defendant C.

B. On September 2, 2002, Defendant B sold G apartment H (hereinafter “instant apartment”) located in the Gangseo-gu Seoul Metropolitan Government and three lots of land, and sold it to the Plaintiff.

Defendant B completed the registration of ownership preservation of the apartment of this case on June 19, 2004, and the Plaintiff continued to complete the registration of ownership transfer even after the Plaintiff paid the purchase price in full.

C. On June 4, 2004, Defendant B loaned KRW 53,100,00 to I bank (hereinafter “I bank”) with respect to the apartment of this case as a collateral for the above loan obligation, Defendant B created a mortgage on June 19, 2004 with respect to the apartment of this case with the maximum debt amount of KRW 69,100,000,000 to I bank, and a mortgage on collateral with the debtor B (hereinafter “mortgage on collateral of this case”).

On October 12, 2007, D Co., Ltd. (hereinafter “D”) borrowed KRW 300 million from the I bank, and E, the representative director of the D Co., Ltd., jointly and severally guaranteed the above loan obligations on the same day. Defendant B, as a security for the above loan obligations, set up a mortgage on the apartment of this case with the I bank in KRW 390 million with the maximum debt amount, and a mortgage on the debtor D (hereinafter “the second collateral mortgage of this case”).

E. On February 27, 2016, the Plaintiff sold the instant apartment to J and K KRW 385 million, and completed the registration of ownership transfer on April 15, 2016, and the Plaintiff and Defendant B subrogated for the obligation to pay the said loans to DI Bank with the said purchase price.

F. Defendant B filed a lawsuit against Defendant D and E for the claim for reimbursement amount under the Incheon District Court Branch Branch Decision 2017Gahap100733, and, from the said court on November 29, 2017, the amount of KRW 225,607,122 and the amount of KRW 5% per annum from August 4, 2016 to November 29, 2017, and the amount of KRW 15% per annum from the next day to the date of full payment, E shall be paid to the Defendant B.

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