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(영문) 대구지방법원 2016.09.22 2015가합207154
추심금
Text

1. The Defendant shall pay to the Plaintiff KRW 896,028,580 and the interest rate of KRW 15% per annum from November 28, 2015 to the date of full payment.

Reasons

1. Basic facts

A. Nonparty B, the Defendant’s spouse, concluded a sales contract with Nonparty C Co., Ltd. on November 3, 2003, including ① 740 square meters of land for D, Daegu-gu, Daegu-gu, 2003, ② D ground buildings on November 7, 2003, ③ 1041 square meters of land for Seoul-gu, Seogu, Daegu-gu, 2003 (hereinafter “each of the instant real property”), and completed the registration of ownership transfer for each of the instant real property.

B. On February 11, 2008, B entered into a sales contract with Nonparty F to sell each of the instant real estate at KRW 3,950,000 (hereinafter “instant sales contract”). At the time of the conclusion of the instant sales contract, each of the instant real estate was completed on November 12, 2003 by the Defendant for the security of KRW 1,600,000,000 (hereinafter “instant loan”) financed by Nonparty National Agricultural Cooperative Federation (hereinafter “the instant loan”). In addition, on November 12, 2003, the registration of the establishment of a mortgage (hereinafter “the instant mortgage”) consisting of the debtor, the National Agricultural Cooperative Federation, the creditor, the National Agricultural Cooperative Federation, the maximum debt amount of KRW 1,970,00,00 with each of the instant real estate as indicated below.

On February 10, 2006, the maximum debt amount of the creditor (1) on the date of creation of real estate (the maximum debt amount of the creditor (hereinafter referred to as the “C”) C Co., Ltd. 1,320,000,000 won on February 10, 2006, and (2) on November 12, 2003, Defendant 1,970,000,000 won on the National Agricultural Cooperative Federation, Defendant 1,320,000,000 won on February 10, 2006, the Namgu Daegu District Court C Co., Ltd. 151,60,60,000,000 won on June 7, 2006, the Namgu District Court Decision 30,000,000 won on June 12, 203, Daegu District Court Decision 197,00,000 won on D ground, Daegu District Co., Ltd., Ltd., Ltd., Ltd. (365000, Jun.

C. B Of the sales price under the instant sales contract, KRW 450,000,000 is from F on June 22, 2007.

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