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(영문) 대구지방법원 2017.06.15 2016가단21077
손해배상(기)
Text

1. Defendant B’s KRW 23,475,487 as well as 5% per annum from August 12, 2016 to June 15, 2017 to the Plaintiff.

Reasons

1. The gist of the Plaintiff’s assertion is that Defendant B would bring the instant apartment under the name of Defendant D, one of his own children, on the ground that Defendant B would bring the instant apartment in the name of the Plaintiff only for a few months of the number of months of the number of months, the Plaintiff would bring the number of months of the number of months under the name of the Plaintiff (hereinafter “instant apartment”).

However, unlike the promise, Defendant B did not bring about the name of the apartment of this case, and accordingly, the Plaintiff was liable for the property tax of the apartment of this case, the amount of KRW 1,763,340, and the amount of KRW 21,712,147.

In addition, in the process of acquiring the apartment of this case, the Plaintiff lent 1 million won of acquisition tax to the Defendant side, and 2.5 million won of interest on the loan of the apartment of this case was borne by the Defendants on behalf of the Defendants.

Therefore, Defendant B and its wife, Defendant C and ASEAN, jointly and severally, should pay to the Plaintiff the sum of the above sum, KRW 26,975,487, and delay damages.

2. Determination as to the claim against the defendant B

A. The Plaintiff, at Defendant B’s request in around 2013, borrowed the name of the owner with respect to the instant apartment. Accordingly, on January 21, 2013, the Plaintiff completed the registration of ownership transfer on the ground of sale on the 16th day of the same month with respect to the instant apartment on January 21, 2013. (ii) On January 21, 2013, the instant apartment was set up as a collateral security with the maximum debt amount of KRW 360,000,000,000, the debtor, the Plaintiff, and the Korea Exchange Bank, Korea Stock Exchange Co., Ltd.,

The right to collateral security was transferred to Korea Housing Finance Corporation on August 29, 2013 on the ground that the right to collateral security was transferred to Korea.

3) The instant apartment was commenced on November 12, 2014, and ownership was transferred to a third party on the ground of sale on June 15, 2015. Accordingly, the said apartment was cancelled. Meanwhile, the said apartment was not paid in KRW 1,763,340, and the Plaintiff’s debt remains as the Plaintiff’s debt, and the said apartment was owed to the Korea Housing Finance Corporation.

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