logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울서부지방법원 2018.11.30 2017가단6354
구상금
Text

1. The plaintiff's claims against the defendants are all dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Facts of recognition;

A. The Plaintiff’s mother D and the Defendants (the Defendant C is the remainder of the land as Defendant B’s mother) are private villages.

B. (1) Defendant B and D are co-investment in Seoul Mapo-gu, F Ground 2, and multi-household housing on the ground 4th floor (hereinafter the above multi-household housing).

) A construction of G building (hereinafter referred to as “G building construction”) was made.

() In order to raise funds for the purchase of the G building site, the Plaintiff’s share 19.4/180 among the land of Yongsan-gu Seoul Metropolitan Government H and I (hereinafter “H housing”) among the above-ground buildings.

(5) The lower court established the right to collateral security No. 3, and loaned KRW 210,00,000 from J bank. Meanwhile, registration was completed as follows with respect to H housing: (i) on March 29, 200, the registration of ownership transfer was completed as follows: (i) on March 30, 200, the Industrial Bank of Korea of Korea, the debtor, the maximum debt amount of KRW 174,00,000 (No. 1) on March 30, 200.

(3) On December 31, 2001, the establishment registration of a mortgage of KRW 60,000 (No. 2) is deemed the establishment registration of a mortgage of KRW 60,000,000 (hereinafter referred to as the “mortgage”).

(4) On May 13, 2002, the registration of ownership transfer under the Plaintiff’s name was made on February 26, 2003, and (5) on February 26, 2003, the registration of creation of a mortgage over the maximum debt amount of KRW 299,00,000 (hereinafter referred to as the “mortgage 3”).

(2) Defendant B and D agreed to share 1/2 shares of G building. On November 21, 2003, Defendant B and D completed the registration of ownership preservation in the name of the Defendant C, who is the subject, and D completed the registration of ownership preservation in the name of the Plaintiff, who is the subject.

3) On November 3, 2004, D and Defendant B, representing the Plaintiff, agreed on the arrangement of Defendant B’s co-ownership shares in G building on November 3, 2004 as follows (hereinafter “G building share settlement agreement”).

(1) Defendant B shall delegate to the Plaintiff the authority over his share in the G building.

② The Plaintiff shall set up provisional registration against Defendant B with respect to H housing as security therefor.

arrow