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(영문) 대전지방법원서산지원 2016.07.22 2016가단50391
약정금
Text

1. The Defendant shall pay to the Plaintiff KRW 71,087,372 and the interest rate of KRW 15% per annum from February 16, 2016 to the date of complete payment.

Reasons

1. Basic facts

A. On October 13, 2009, the Korea Saemaul Depository and the Plaintiff’s establishment of the right to collateral security (1) completed the registration of the establishment of the right to collateral security of the debtor C, the Korea Saemaul Depository and the Defendant completed the registration of the establishment of the right to collateral security of the debtor C, with respect to the Dmiscellaneous land 3306 square meters owned by C and the Defendant at the ratio of 1/2 shares, 350,000,000 won, and the maximum debt amount.

② On August 30, 2010, the Plaintiff completed the registration of the establishment of a neighboring mortgage on the portion of C, which is part of C’s share on August 30, 2010, KRW 300,000 with respect to the maximum debt amount, and KRW 300,000 with respect to the said portion.

B. On October 12, 2012, the Defendant: (a) received a written statement against the Plaintiff; and (b) filed an application for auction by the Plaintiff; and (c) received certification from each of the following, stating, “When the shares of co-owners C of the instant land begin auction, the Defendant will make a successful bid and make a successful bid, the Defendant himself/herself will pay to the Plaintiff KRW 300,000,000 of the amount of the collateral security claim of the mortgagee (Evidence A; hereinafter “each of the instant statements”).”

② On October 23, 2012, the Plaintiff applied for a compulsory auction for all shares of C in the instant land at KRW 250,000,000 on August 30, 2010, based on the money loan loan agreement notarial deeds (No. 424, 2010, a notary public law firm Hongju) against Seosan Branch E, Seosan Branch of the Daejeon District Court, for a compulsory auction for all shares of C out of the instant land, and was issued the order of its commencement on October 24, 2012.

③ In addition, on January 11, 2013, the Plaintiff filed a voluntary auction on part of C’s share out of the instant land at KRW 50,000,000,000, with the amount claimed as Seosan Branch of the Daejeon District Court as Seosan BranchF, Daejeon District Court on August 30, 2010, and received the order to commence the auction on January 14, 2013.

C. The Defendant’s share purchase ① The share in C in the above auction procedure was appraised at KRW 672,771,00,000. As the first sale date was followed once on the first sale date, the auction court shall take precedence over the claim of the execution creditor with respect to KRW 470,940,00,00 for the Plaintiff who is the execution creditor on April 9, 2013.

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