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(영문) 수원지방법원 2021.01.28 2020가합899
손해배상(기)
Text

1. The plaintiff's claims against the defendants are all dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The Plaintiff and Defendant E, F, G, and H are children of I, and Defendant C and D are H’s children.

B. On September 206, 2006, the registration of the establishment of the right to collateral security (hereinafter “the right to collateral security”) was completed with respect to each real estate listed in the separate list owned by I (hereinafter “each real estate of this case”) on September 20, 2006, including debtor I, B, and B, the maximum amount of 150,000,000 won for claims.

2) On July 19, 201, with respect to each real estate listed in the [Attachment 2] Nos. 2 and 3, the registration of creation of a lower-class right (hereinafter “second-class mortgage”) was completed on July 19, 201, consisting of Defendant E, Defendant E, Limited Company J (hereinafter “J”) and the maximum amount of claims KRW 156,000,000.

3) On July 19, 201, Defendant E and J drafted a certificate of assignment of the claim to transfer the loan claim amounting to KRW 150,000,000 (hereinafter “the loan claim of this case”) against Defendant E, as the secured claim under the instant right to collateral security (hereinafter “mortgage”) on July 19, 201. On the same day, Defendant E, J and I transferred the instant 1 collateral security to J, and I was drafted a contract for the transfer of the right to collateral security and the claim (hereinafter “the instant contract”).

Accordingly, on September 22, 2011, the registration of additional statement was completed prior to the right to collateral security by the KJ under Article 141114, which was received by the K Office of Suwon-won of Suwon District Court on September 22, 2011 with respect to the instant 1-mortgage.

4) On April 26, 2017, registration of cancellation was completed on the grounds of termination of the right to collateral security on the same day.

(c)

The registration of transfer of ownership in the name of H on each of the instant real estate was deceased on February 10, 2017 (hereinafter “the Deceased”); H completed the registration of transfer of ownership on each of the instant real estate on July 24, 2017, based on testamentary gift on February 10, 2017.

(d)

H’s death, etc. 1) Defendant B shall be H.

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