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(영문) 서울중앙지방법원 2015.04.02 2014가합49734
청산금
Text

1. As to the Plaintiff KRW 119,645,206 and its KRW 19,645,206, the Defendant shall start on July 17, 2010, and the remainder of KRW 100,00.

Reasons

1. In full view of the overall purport of the pleadings as to Gap evidence Nos. 1 through 4, 6, and 7 (including branch numbers), the plaintiff was liable for the return of office sale price of KRW 70,000 to the defendant around June 2007, and the obligation for return of loans of KRW 40,000,000 to the defendant. On November 26, 2007, the plaintiff completed the registration of the right to claim ownership transfer of the building Nos. 902 (hereinafter "the building of this case") among the building of Seongdongdong-gu Seoul Metropolitan Government to secure the above obligations to the defendant. On September 11, 2009, the principal registration was completed on the basis of the above provisional registration, and around June 30, 201, the defendant sold the building of this case to D on June 30, 200, the total amount of KRW 20,000 and KRW 405,71,701,700.

2. Determination

A. In a case where a creditor has made a provisional registration on a real estate for the purpose of securing a claim, but thereafter made a principal registration on the basis of such provisional registration because he/she was unable to obtain his/her claim until the due date for payment, unless otherwise agreed by the parties, such principal registration is made for the purpose of securing a claim, and the so-called “a weak meaning of transfer for security” is established for the purpose of securing a claim, and the settlement procedure between the parties is scheduled (see Supreme Court Decision 97Da1495, Jun. 23, 1998). Unless otherwise agreed, the execution of a security right on the property transferred for the purpose of securing a claim may be made by the method chosen by the creditor

In this case, if the creditor selects the settlement of disposal, the principal and interest shall be from the value of the security until the disposal of the secured obligation.

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