logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
Text
Reasons
텍스트 조절
arrow
arrow
(영문) 서울서부지방법원 2019.10.16 2018가합36243
손해배상(기)
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. The Defendants, as legal couple, promoted the business of constructing and selling the Etel units on the ground of Yongsan-gu Seoul Metropolitan Government and one parcel, and the G building units on the ground of F and one parcel (hereinafter collectively referred to as the “instant building”).

B. On May 7, 2009, among the Plaintiff and Defendant B, the sales contract was prepared between the Plaintiff and the Plaintiff that the Plaintiff would purchase the Etel No. H on the ground of Yongsan-gu Seoul Metropolitan Government and one parcel of land (hereinafter “Otel No. 1”). On June 15, 2009, the registration of ownership transfer was completed in the name of the Plaintiff on June 15, 2009.

C. As to the first officetel on April 14, 2010, the maximum amount of debt was KRW 213,200,000, and the debtor was the Plaintiff and the mortgagee of the right to collateral security (hereinafter “I association”) to complete the registration of creation of a neighboring mortgage (hereinafter “the first collateral mortgage”) with I association. The Plaintiff wired KRW 162,70,000 out of the loans of KRW 164,00,000 borrowed from I association as security (hereinafter “the first loan”).

On January 27, 2011, the maximum debt amount of KRW 201,50,00 with respect to the G Building H on the land outside Yongsan-gu Seoul, which is owned by Defendant B, was completed on January 27, 201 with respect to the registration of creation of a neighboring mortgage (hereinafter “second neighboring mortgage”). The Plaintiff, the mortgagee, and the mortgagee, as the I Association, used the loans that the Plaintiff borrowed from the I Association (hereinafter “second-party loans”) on the security of the establishment of a neighboring mortgage.

E. On March 19, 2013, the IF filed an application for the voluntary auction with respect to officetels 1, 2013. At the voluntary auction procedure conducted by the Seoul Western District Court JJ on June 4, 2015, IFFE received dividends of KRW 164,00,000,000 and interest KRW 67,331,040, out of the total of KRW 231,331,040, out of the total of KRW 14,417,644.

(f) an officetel.

arrow