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(영문) 부산지방법원 2021.02.23 2020가단336423
구상금
Text

The defendant's KRW 38,00,000 and its relation to the plaintiff shall be 5% per annum from December 4, 2017 to September 18, 2020.

Reasons

1. Facts of recognition;

A. A. Around June 23, 2001, upon obtaining a loan from D organizations, C created a general building owned by Sungwon-gu E, Jung-gu, Sung-gu, Seoul Special Metropolitan City E, F Mabrobbro Mabbbro 5 (hereinafter “instant building”) and its site as to the registration of Sungwon-gu Branch of Sungwon District Court Sung-nam Branch of 34103, Jun. 23, 2001, and as of June 22, 2001, the debtor C, the maximum amount of claims KRW 7.8 billion, and the right to collateral security (hereinafter “right to collateral security”).

B. C continued with the construction of extending the instant building into the 1st floor and the 12nd floor aggregate building on the ground. On June 24, 2005, around G Co., Ltd (formerly changed H Co., Ltd.; hereinafter “G”) sold the instant building and its site in KRW 13.7 billion and completed registration of transfer of ownership.

(c)

On November 26, 2005, the Plaintiff concluded a sales contract under which Jho-ho (hereinafter “instant real estate”) was sold among the 4 lots of ground aggregate buildings (I) in Seongbuk-gu, Jung-gu, Seoul Special Metropolitan City, which extended the instant building from G.

(d)

G completed the construction of expanding the instant building into an aggregate building on December 29, 2006, while registering the division of the building on December 29, 2006, G completed the additional registration of changing the common collateral by providing the extended part to D organization as joint collateral.

E. On December 7, 2007, the Plaintiff completed the registration of the transfer of ownership on the instant real estate on November 26, 2005 due to the self-sale contract.

F. On December 31, 2009, the Suwon District Court: (a) filed for the registration of Suwon District Court Branch Branch Branch of the instant collateral security; (b) filed for the registration of the establishment of a pledge on the instant collateral security that came into K on December 31, 2009; and (c) completed the registration of the establishment of a pledge on the instant collateral security that came into K on December 31, 2009, on the ground of a contract to establish a self-mortgage on December 31, 2009 on the same day.

G. As to the instant real estate, L.C.

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