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(영문) 수원지방법원성남지원 2015.09.11 2014가합206040
건물명도
Text

1. As to KRW 301,357,238 from the Plaintiff (Counterclaim Defendant) and KRW 72,922,493 from among the Plaintiff (Counterclaim Defendant) and the Plaintiff (Counterclaim Defendant) on July 24, 2015.

Reasons

1. Basic facts

A. The plaintiff is the father of C, who is, around 1985, engaged in the garment business by immigration as Brazil, and the defendant is the husband of C, who is the father of C.

B. Around June 2001, D entered into a sales contract with C to obtain the refund obligation of the same amount of lease deposit in relation to the above apartment in lieu of the payment of KRW 15 million out of the purchase price, on the F and the real estate listed in the separate sheet (hereinafter “instant apartment”) in the name of E directed by C, and around June 2001, D entered into a sales contract with C to acquire the refund obligation of the same amount of lease deposit in relation to the above apartment in lieu of the payment of KRW 115 million among them.

C. D paid the remaining purchase price of the apartment in this case as KRW 95 million received from C, and completed the registration of ownership transfer on the apartment in this case on July 6, 2001, and completed the registration of ownership transfer on the apartment in this case on January 30, 2003 again, the Plaintiff completed the registration of ownership transfer on the apartment in this case.

D. On May 6, 2004, D loaned KRW 86 million from the Korea Standards Bank, Co., Ltd., Ltd., and completed the registration of creation of a mortgage on the apartment of this case on the same day with respect to the said apartment of this case as a collateral for the said loan, the said bank, the maximum debt amount of which is KRW 103,200,000, and the debtor D. On November 9, 2006, D repaid the debt of the loan of KRW 83,036,423 again from the said bank on May 6, 2004 in the form of loans extended from the said bank.

(hereinafter referred to as “instant First Loan”) between D and the said bank.

D On August 4, 2006, 120 million won was loaned from the Bank of Korea, Korea, Co., Ltd., Ltd., and completed the registration of the establishment of a neighboring mortgage with respect to the apartment of this case on the same day as the mortgagee, the said bank, the maximum debt amount, and the debtor D on the same day.

(B) The loan between D and the above bank (hereinafter “instant loan”). The Defendant is the principal of the instant loan from May 7, 2007 to March 26, 2008 = KRW 87,985,262 = (a) the sum of the principal and interest of the instant loan from May 7, 2007 to March 26, 2008.

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