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(영문) 서울남부지방법원 2015.09.11 2014가합107391
공유물분할
Text

1. The amount of real estate listed in the separate sheet remaining after the cost of auction is deducted from the proceeds of auction;

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. The Defendant, as a member of the Korea Buddhist Cho Jong-sung’s Cho-sung’s team, established E [the name was changed from around 1983 to around 2004,” “F,” and produced Scers.

On March 22, 2002, the Defendant registered the Plaintiff and joint businessmen with the trade name of E, which is the president of D.

B. On February 28, 2005, the original Defendant jointly purchased from Aamannet Co., Ltd., Ltd. the H building No. 901 (hereinafter “instant building”) of Geumcheon-gu Seoul Metropolitan Government H building No. 901 (hereinafter “instant building”) at KRW 430,00,000, and the same year.

3. 25. As to the instant building, the registration of co-ownership was completed in duplicate 1/2.

around that time, the Defendant moved the E’s place of business to the instant building, together with the Plaintiff, resided in the instant building.

C. On March 25, 2005, the Defendant borrowed KRW 270,000,000 from the Industrial Bank of Korea to pay the purchase price for the building of this case. The Plaintiff jointly and severally guaranteed the above loan obligations.

On the same day, the Industrial Bank of Korea completed the registration of creation of a mortgage on the instant building, which is the maximum debt amount of 330,000,000 won, the debtor, the defendant, and the right to collateral security.

The Defendant received loans from the Industrial Bank of Korea of KRW 250,000,000 on September 18, 2009, and KRW 130,000 on April 13, 201, respectively, from the Industrial Bank of Korea, and the Plaintiff jointly and severally guaranteed each of the above loans.

On September 18, 2009, the Industrial Bank of Korea additionally completed the registration of creation of a neighboring mortgage, which is the Industrial Bank of Korea, of the maximum debt amount of the instant building, KRW 150,000,000, and the debtor, the defendant, and the debtor.

On December 27, 2013 and December 10, 2014, the Defendant repaid the loans to the Industrial Bank of Korea and cancelled each of the above collateral security in order.

E. The relationship between the Defendant and the Defendant was terminated on the ground of incombustibility since 2013.

[Reasons for Recognition] Where there is no dispute, Gap 1 to 5, 8, 13, and 14 are numbers, each number.

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