logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 울산지방법원 2017.01.24 2016가단50589
약정금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The relationship 1) The Plaintiff is the children of the network D, which is the female of the network C, and the Defendant is the three women of the network C. 2) The network C died on March 6, 201.

B. On October 6, 1997, the net C is deemed to have owned the apartment of this case (hereinafter “instant apartment”) No. 208 Dong-dong 1202, Ulsan-gu, Ulsan-gu, 2002 (hereinafter “instant apartment”).

(2) On August 13, 2010, the Defendant obtained a loan of KRW 94 million from the Gyeonggi-gu Dairy Cooperative as collateral for the apartment of this case.

Accordingly, regarding the apartment of this case, the right to collateral security was established, which is the cause of the debtor, the mortgagee, the cooperative with the right to collateral security, the maximum debt amount of 110 million won.

3) On February 11, 2014, the Gyeonggi-gu Dairy Cooperative completed the inheritance registration by subrogation on the instant apartment on February 11, 2014, and received a voluntary decision to commence auction from the Ulsan District Court F on February 21, 2014, and the said apartment was sold during the said voluntary auction procedure on October 27, 2014. (C) The Plaintiff resided in the instant apartment from August 4, 1997 to November 11, 201 with the mother-friendly D with the consent of the network C, and resided in the said apartment from February 14, 2012 to February 14, 2014 after the mother’s death.

2) The Plaintiff demanded the Defendant to pay the money that he received as a collateral for the instant apartment, and the Defendant agreed with the Plaintiff on June 26, 201, as follows (hereinafter “instant agreement”).

(D) From March 24, 2007, immediately after D’s death, the Defendant’s settlement of the entire monetary relationship between the Defendant and the Plaintiff reveals that the remainder of KRW 40,000,00 that the Defendant would have to pay to the Plaintiff by August 31, 2015. Accordingly, the Defendant promised to pay the Plaintiff up to August 31, 2015, and agreed to interest-free interest during the said period. (D) Since the Plaintiff’s sole inheritance of the instant apartment, the said apartment was sold to the Plaintiff in the course of voluntary auction.

arrow