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(영문) 서울중앙지방법원 2014.09.12 2013가합25755
손해배상 등
Text

1. Defendant B and C: (a) KRW 330,00,000 for each Plaintiff and 5% per annum from February 8, 2012 to May 29, 2014.

Reasons

1. Basic facts

A. On July 8, 2010, D, the representative director of the Plaintiff, entered into an agreement with Defendant B to pay KRW 1 billion to Defendant B as the purchase price of bonds with warrants until September 30, 2011. D, on October 20, 2010, transferred the above contract deposit claim against Defendant B to the Plaintiff. On February 28, 2011, the notification of the assignment of claim to Defendant B reached Defendant B on March 2, 2011. On November 30, 2011, the Plaintiff filed a lawsuit against Defendant B (Seoul Central District Court Decision 201Da126791, hereinafter “instant claim for delay”) against the Defendant B, which became final and conclusive and conclusive as the Seoul High Court Decision 201Da281281, Feb. 28, 2012.

B. A provisional registration of the instant real estate and registration of the establishment of a mortgage on the instant real estate 1) Defendant B from the E and F on January 8, 2003 to the third floor 302 of Gangnam-gu Seoul Gangnam-gu Seoul Metropolitan Government (hereinafter “instant apartment”).

(2) On October 7, 2008, Defendant C made a provisional registration of the right to claim ownership transfer (hereinafter “the provisional registration of this case”) on the apartment of this case on September 30, 2008 on the ground of the pre-sale agreement made on September 30, 2008.

3) On May 14, 2009, Defendant B registered the establishment of a neighboring mortgage under the H’s name, the debtor B and the maximum debt amount of which are KRW 200 million (hereinafter “instant mortgage”).

(c) Defendant B, a pledge of each of the instant shares, made on December 30, 201, with respect to Defendant B’s each of the instant shares, X-E (hereinafter “Defendant A-E”) (hereinafter “Defendant A-E”).

(2) The shares in the separate sheet held by it (hereinafter referred to as “each of the shares in this case”) shall be stated in the separate sheet.

(B) have entered into a pledge agreement on the property (the above pledge).

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