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(영문) 서울중앙지방법원 2020.01.16 2019가합517768
구상금
Text

1. The Defendant’s KRW 903,884,108 as well as the Plaintiff’s annual rate from February 15, 2019 to April 8, 2019, and the following.

Reasons

Basic Facts

On January 24, 2017, the Plaintiff’s claim, referring to D’s status as a party, was decided to commence limited guardianship that appoints a social welfare foundation B as a limited guardian (Seoul Family Court Decision 2016 Mo50702). The Plaintiff’s appeal and reappeal against this dismissal respectively, and the above decision to commence limited guardianship became final and conclusive on April 5, 2018.

On May 7, 2019, the original defendant filed a lawsuit, such as divorce, against the plaintiff on May 7, 2019, and the above case is pending at the Seoul Family Court 2019dhap7044.

On June 20, 2012, D related to the ownership of real estate by the original Defendant donated to the Plaintiff a building of 164.3 square meters and its ground (hereinafter collectively referred to as “instant real estate”). The Plaintiff completed the registration of ownership transfer on June 21, 2012 on the instant real estate by reason of the said donation.

On April 2, 2015, the Plaintiff donated 1/2 of the instant real estate to the Defendant, and completed the registration of partial transfer of ownership as to the said co-ownership on April 3, 2015.

With respect to the instant real estate to F Co., Ltd. (hereinafter “F”), the original Defendant: (a) completed the registration of creation of a mortgage on May 28, 2015, the maximum debt amount of KRW 360 million; (b) the registration of creation of a mortgage on May 28, 2015, the maximum debt amount of KRW 120 million; (c) the registration of creation of a mortgage on May 28, 2015, the debtor’s establishment of a mortgage on May 28, 2015, the maximum debt amount of KRW 120 million; and (d) the debtor’s establishment of a mortgage on June 26, 2015, the amount of KRW 480,000,000,000,000 to the Plaintiff; and (d) the debtor’s establishment of a mortgage on February 17, 2017, respectively.

(2) The Plaintiff’s registration of the establishment of each of the instant units of the instant units of the establishment was the “registration of the establishment of each of the instant units of the establishment.” Meanwhile, on February 28, 2017, the Plaintiff out of the instant units of the real estate to G.

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