logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
arrow
(영문) 서울중앙지방법원 2020.05.26 2019가단5150477 (1)
근저당권 및 전세권설정등기말소등기 등
Text

1. The defendant shall receive on August 1, 1994 from the Gwangju District Court as to the real estate stated in Section C, D, E, and F of the attached list No. 2.

Reasons

1. Determination as to the cause of claim

A. Facts of recognition 1) The Plaintiff is G, H, and C (hereinafter “G, etc.”)

[1] As to the claim for reimbursement by the Gwangju District Court No. 2017 Ghana3556 (hereinafter “relevant case”)

(2) On October 14, 2017, the above court rendered a judgment that “G et al. shall jointly and severally pay to the Plaintiff 56,242,672 won and 18,952,263 won per annum from April 30, 2004 to the date of full payment.” The above judgment became final and conclusive around that time. (2) The real estate stated in the separate sheet (hereinafter referred to as “instant land”; (3) the real estate stated in paragraph (2) was jointly owned by C (3) , D, E, F (2/9 each share of the instant real estate); and (3) the period of lease on a deposit basis with the Defendant on July 20, 194 to the date of full payment; and (4) the period of lease on a deposit basis was 10,500 won to the date of establishment of a store and lease on a deposit basis (hereinafter referred to as “store on a deposit basis”).

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 through 3 (including branch numbers for those with additional numbers; hereinafter the same shall apply) and the purport of the whole pleadings

B. 1) According to the result of inquiry into the Court Administration of this Court as to the obligee's subrogation requirement (C's insolvency), C's active property is the only real estate of this case. As of March 20, 2020, the market price of the real estate of this case of KRW 83,228,480 is the amount equivalent to C's share 3/9 (Evidence 5-2), among the appraisal price of the real estate of this case of KRW 249,685,440 (Evidence 5-2), C's passive property is the amount equivalent to KRW 110,806,496 (Case related to KRW 110,806,496: Principal amount of KRW 56,242,672, among the amount of KRW 18,952,263, the interest of KRW 181,563,824,97,975,97,97, and the interest of the Korea Credit Guarantee Fund (No. 2754,945) and 747.7

arrow