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(영문) 대전고등법원 2019.03.27 2018나235
구상금 등
Text

1. Of the judgment of the first instance, KRW 52,378,607 against the Plaintiff and its related amount from February 9, 2019 to March 27, 2019.

Reasons

1. Basic facts

A. On July 5, 2011, the Defendant and the Defendant’s birth C completed the registration of ownership transfer on July 1, 201 with respect to each of the 2,446.5/5,300 shares of 5,300 square meters of forest E in Chungcheongnam-nam Budget-gun (hereinafter “D land”) for the Plaintiff on July 5, 201.

B. On July 5, 2011, with respect to D land, the registration of the establishment of a mortgage (right to collateral security (right to collateral security) on D land of “the maximum amount of credit amount of KRW 286,000,000,000, the debtor, the plaintiff, the mortgagee of the right to collateral security (right to collateral security (right to collateral security) was completed.

C. On July 6, 2011, the Plaintiff completed the registration of ownership transfer (hereinafter “registration of ownership transfer of each of the instant real estate”) on July 1, 201 with respect to 1/2 shares of each of the respective real estate listed in the separate sheet (hereinafter “each of the instant real estate”) to the Defendant and C on July 6, 201.

On September 30, 201, with respect to each of the instant real estate, the registration of joint establishment of a mortgage by the joint owners of “130,000,000 won for the maximum credit amount, the debtor, the defendant-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-backed agricultural cooperatives,” and on January 10, 2013, the joint establishment of a mortgage (hereinafter collectively referred to as “each of the instant real estate collateral-mortgage-backed security”) by the debtor, the debtor, and the defendant-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-backed agricultural cooperative, each of which was completed on September 30, 201 and January 10, 2013.

E. From May 15, 2014, the judgment was rendered on June 4, 2014, that “the Defendant and C shall implement the procedure for registration of cancellation of ownership transfer registration of each of the instant real estate to the Plaintiff, and deliver each of the instant real estate to the Plaintiff,” on the following grounds: (a) the Plaintiff filed for registration of cancellation of ownership transfer against the Defendant and C (Seoul District Court Seosan Branch Office 2013Gahap3100, 2014Gahap566, hereinafter “related case”); and (b) the judgment became final and conclusive on June 4, 2014.

On May 5, 201, the Plaintiff, the Defendant, and C are the real estate of this case owned by the Plaintiff and the Defendant and the Chungcheongnam-Nam budget group D forest owned by the Defendant and C.

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