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(영문) 인천지방법원부천지원 2017.09.20 2016가합102343
손해배상(기)
Text

1. The Defendants: (a) from June 13, 2016 to March 18, 2017, each of the Plaintiff KRW 216,00,000, and the Defendant A with respect thereto.

Reasons

1. Indication of claim;

A. On May 30, 2016, Defendant A entered into a lease agreement with C on May 30, 2016, and with respect to D apartment 107 Dong 604 (hereinafter “instant apartment”) owned by C, Seo-gu, Seo-gu, Seo-gu, Seocheon-gu, Seoul (hereinafter “instant apartment”), with the lease term of KRW 240 million, from June 13, 2016 to June 13, 2018, and with the lease term of KRW 12 million as of June 13, 2018. The lease agreement was concluded to pay the remainder of KRW 228 million on the date of the contract, as of June 13, 2016 (hereinafter “instant lease agreement”). The lease agreement was concluded with the fixed date fixed on June 3, 2016.

B. Defendant A requested the Plaintiff to lend the loan to the Plaintiff.

On June 7, 2016, the Plaintiff entered into a pledge agreement with Defendant A to secure the security prior to the execution of the loan, and the following day written consent of the pledge and written commitment to the refund of the deposit for lease.

C. Upon the Plaintiff’s request, C cancelled the senior mortgage on June 13, 2016, which was established on the instant apartment, and Defendant A filed a move-in report on the instant apartment on the same day.

After confirming this, the Plaintiff given the Defendant A a loan of KRW 216 billion. D.

Defendant B, a branch of Defendant A, purchased the instant apartment on July 8, 2016 from C, and completed the registration of ownership transfer on the same day.

Defendant B borrowed KRW 216,00,000,000 from Gyeongsung Loan Co., Ltd., and on July 25, 2016, Defendant B entered into a security trust agreement with an international asset trust company and the instant apartment as a loan company with a light-sury loan with the first beneficiary as to the apartment of this case, and concluded a security trust agreement with the highest beneficiary as KRW 280,80,000,000 and completed the trust registration of the instant apartment on the same day.

E. Defendant A transferred the instant apartment on July 20, 2016, but again transferred the instant apartment on July 26, 2016, following the date on which the said security trust contract was concluded.

F. The above facts.

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