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(영문) 서울고등법원 2018.11.21 2018나2009645
구상금
Text

1. The judgment of the court of first instance is modified as follows.

Defendant C shall pay to the Plaintiff (Counterclaim Defendant) KRW 19,696,025 and this.

Reasons

1. Facts of recognition;

A. On March 6, 2005, the Plaintiff and Defendant B purchased a 1/2 share of 639 square meters from Hanam-si, Hanam-si, D, 639 square meters, and 1st 268.65 square meters from 1st 1st 1st 268.73 square meters from 1st 44.73 square meters from 1st 2nd 2nd 2005, and completed the registration of share ownership transfer with respect to each of the instant real property on June 24, 2005.

B. As to the instant real estate, the details of collateral security established in relation to the Plaintiff and the Defendants (the loans Nos. 2 through 4, as well as the instant real estate, were provided as joint collateral by E and its ground buildings owned by the Defendant, in addition to the instant real estate) are as listed below.

On June 24, 2005, the maximum debt amount of the mortgagee (loan date) 1 on the date of cancellation of the registration date of creation, which was KRW 170 million on September 4, 2006, the Plaintiff 170 million on September 24, 2006 ( June 29, 2005), which was KRW 448 billion on September 1, 201, U.S. 33, 200 million on June 1, 201, KRW 448 billion ( September 4, 2006), KRW 50 million on May 31, 201, Defendant CF bank KRW 500 million on March 17, 201, KRW 500 million on March 16, 201, KRW 300,000,000 on May 31, 201, Defendant CF bank KRW 5005 billion on March 17, 2017.

U.S. Co., Ltd. (hereinafter “U”) operated by Defendant B and her husband R with the company that was in the position of representative director or director who is a representative director, and was dissolved on December 5, 2016.

C. Defendant B leased the instant real estate to a third party from September 2005 to June 2016, and received a lease deposit and a rent, and paid interest on each of the above loans.

On August 2, 2016, at the request of FF bank, the mortgagee, the real estate in this case and the land and buildings owned by Defendant B, the joint collateral, were voluntarily auctioned.

On March 17, 2017, the registration of transfer of ownership in the name of Y was completed with respect to the entire real estate in this case.

(Reasons for Registration: Sale by voluntary auction on February 13, 2017). (e)

3.2

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