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(영문) 서울중앙지방법원 2015.07.17 2014가단5203680
구상금
Text

1. As to Defendant A and B’s joint and several liability for KRW 87,984,020 and KRW 86,770,342 among them, Defendant A and B’s joint and several liability for damages incurred to the Plaintiff on March 27, 2014.

Reasons

1. The facts in the separate statement of common factual relations are as follows: (a) between the Plaintiff and the Defendant A, and B, and they are deemed to have been led to confession because the said Defendants did not clearly dispute the Plaintiff’s assertion; and (b) between the Plaintiff and the remaining Defendants, it can be acknowledged by the respective statements and the whole arguments.

2. According to the facts of the above recognition of the claim against Defendant A and B, the above Defendants are obligated to pay the Plaintiff the money set forth in paragraph (1) of this Article.

3. Claim against Defendant C and D

A. (1) Fact-finding (1) Defendant B concluded a mortgage agreement with Defendant D on July 1, 2013 regarding each of the real estates listed in the attached list No. 1, 2, 4, and 10 as indicated in the attached list No. 1, 2, and 10 as to each of the real estates owned by Defendant B, and entered into a mortgage agreement with Defendant D on July 1, 2013 (the instant mortgage agreement). The same month.

3. On July 3, 2013, the Suwon District Court had completed the registration of establishment of the neighboring real estate as the No. 28794, which was received on July 3, 2013.

Defendant B entered into a sales contract (the instant sales contract) with Defendant C on September 27, 2013 with respect to each of the instant real estate listed in the separate sheet owned by it (each of the instant real estate) and completed the registration of transfer of ownership claim as the receipt No. 41093 on September 27, 2013 with respect to each of the instant real estate on the same day.

(2) As seen below, Defendant B had been in excess of his obligation in excess of his active property as of the time when the instant mortgage contract, the instant contract, the instant contract, and the closing of argument, respectively.

① Defendant B has no particular property other than each of the instant real estates.

② The sum of market prices of each real estate of Defendant B’s active property of this case is as follows.

At the time of the conclusion of the instant contract, KRW 2,640,597,020 at the time of the instant contract, which was close to the time of the closing of argument in the instant case, KRW 2,623,360,080 at the time of the instant contract.

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