logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원 2017.09.14 2017가단504486
양수금
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. The plaintiff's assertion

A. On February 15, 2007, Dongri-ri Co., Ltd. (hereinafter “Dongri-ri”) paid KRW 300 million to the Defendant, who is the chairman of the redevelopment association, as the contract deposit for land purchase, in relation to the redevelopment project of Suwon-si, and completed the registration of establishment of a collateral security (hereinafter “mortgage security”) of KRW 300 million with respect to the E large-scale E-151 square meters and its ground buildings owned by the Defendant (hereinafter “instant real property”).

B. On March 7, 2007, Dong Ri borrowed KRW 300 million from F, and on March 7, 2007, it transferred the instant collateral security right to the Plaintiffs designated by F as security for the said loan claim.

C. On September 30, 2008, the Plaintiffs filed an application for the auction of real estate rent based on the instant right to collateral security (U.S. G) with respect to the instant real estate. On August 20, 2009, the Plaintiffs received the dividends of KRW 84,774,354, and Defendant B received KRW 84,74,353, respectively, among KRW 150,000,00, each of the secured claims (the principal of the claim) at the auction procedure.

The principal of the Plaintiff’s claim for the acquisition of a loan (i.e., KRW 150,00,000 - KRW 84,774,354), and the principal of the Plaintiff’s claim for the acquisition of a loan (i.e., KRW 65,225,647 - KRW 150,000) as of August 20, 209, and the principal of the Plaintiff’s claim for the acquisition of a loan (i.e., KRW 150,00,000 - KRW 84,74,353).

E. Therefore, the Defendant is obligated to pay the Plaintiff A the principal amount of the transferred money, KRW 65,225,646, and KRW 65,225,647, and delay damages for each of them.

2. The judgment of the court below is a mortgage established by setting the maximum amount of the debt to be secured and reserving the determination of the debt in the future. Since multiple unspecified claims arising from continuous business relations are established for the purpose of securing a certain limit in a settlement term in the future, there must be a legal act establishing the secured claim of the right to collateral separately from the act of establishing the right to collateral, and at the time of the establishment of the right to collateral security,

arrow