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(영문) 수원지방법원 안양지원 2018.03.22 2016가단117870
구상금
Text

1. The Defendants shall jointly and severally serve as KRW 100,000,000 on the Plaintiff and as a result, from February 18, 2016 to July 13, 2017.

Reasons

1. Facts of recognition;

A. In around 2011, Nonparty C, the husband of Defendant B, proposed that the Plaintiff purchase the 1,369m2 (hereinafter “instant real estate”).

B. The instant real estate was registered with the obligee FF Agricultural Cooperatives, B, the obligor, and the maximum debt amount of KRW 127,400,000, and with the obligee G, H, the obligor I (Defendant D’s wife), the maximum debt amount of KRW 70,000,000, the second priority mortgage, the superficies creation registration in the name of G and H, and provisional attachment registration in the obligee’s office, respectively.

C. Nonparty C and the Defendants presented to the Plaintiff that they purchase the instant real estate under the condition that the Plaintiff acquire KRW 100 million, which is the secured debt amount of the first secured mortgage, from Defendant B and additionally pay KRW 100 million, when the registration of the second secured mortgage and the provisional seizure by the Agency was cancelled, as the registration of the second secured mortgage on the instant real estate becomes invalid.

The Plaintiff entered into a sales contract with a purchase price of KRW 200 million and completed the registration of ownership transfer concerning the instant real estate by paying a balance of KRW 100 million on June 14, 2012.

E. In relation to the right to collateral security of the instant real estate, the Plaintiff and Defendant B prepared a written confirmation that “The mortgagee A shall immediately succeed to the obligation at the time of termination of senior collateral security (G) and provisional seizure (the Gu Office of Members), and at the same time all taxes and public charges on the land shall be borne by the mortgagee A.

F. On May 31, 2012, Defendant D: (a) stated that “I, as the instant real estate has been filed for the cancellation of collateral security and superficies registration, the delivery of the instant real estate has been delayed and the accurate date cannot be specified; (b) support the completion of the instant real estate within a prompt period of time, and, if necessary, vows that I will be fully responsible for the failure to resolve legal problems.”

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