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(영문) 서울중앙지방법원 2014.11.06 2014가합13308
구상금
Text

1. The Defendant’s KRW 82,887,00 for the Plaintiff and KRW 5% per annum from October 11, 2014 to November 6, 2014.

Reasons

1. The defendant completed the registration of ownership transfer based on sale on October 1, 2004 with respect to the apartment of this case (Seoul Special Metropolitan City Do 120 dong 2905) owned by C on October 18, 2004.

(A) A contract which forms the cause of the contract was paid as KRW 120,000,000,000,000 from the purchase price of the first sale contract, to the amount borrowed from the Korea SC Bank (hereinafter referred to as “SC Bank”) under the following standards.

On October 18, 2004, SC Bank completed the registration of creation of a new mortgage against the apartment of this case, the maximum debt amount of 144,000,000 won, and the debtor's neighboring establishment of a mortgage against the apartment of this case.

E, a guarantee creditor against the defendant, applied for a compulsory auction on the apartment of this case with the claim amounting to KRW 170 million, and the court decided to commence compulsory auction on November 20, 2013.

(Seoul Central District Court F) E withdrawn an application for compulsory auction on December 27, 2013, after receiving repayment of KRW 170 million from G, as seen below.

G purchased the instant apartment at KRW 350 million on December 5, 2013 (hereinafter referred to as “second sale contract”) and completed the registration of ownership transfer in its name with respect to the instant apartment on December 26, 2013.

G paid to the Plaintiff the remainder of KRW 60 million (=the remainder of KRW 30 million) out of the purchase price, and KRW 170 million was paid to the Plaintiff in lieu of the Defendant’s debt.

G paid the remaining purchase price of KRW 120 million in lieu of succeeding to the collateral security obligations of the SC Bank established on the apartment of the instant apartment in lieu of succeeding to the amount of KRW 120 million.

[Reasons for Recognition] Uncontentious Facts, Gap 1-4,8,10, Eul 1-2, and SC Bank's response to financial transaction information, the purport of the entire pleadings

2. Judgment on the main claim

A. A title trust agreement between the Plaintiff’s assertion and the Defendant is a so-called three-party registered title trust.

(2).

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