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(영문) 수원지방법원여주지원 2016.01.14 2015가단22825
손해배상(기)
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. Basic facts

A. (1) (D completed the registration of ownership transfer on January 14, 1987 with respect to forest land E in Gyeyang-gun E, Gyeonggi-do (hereinafter “instant real estate”) on January 13, 1987.

SheF completed the registration of ownership transfer on March 22, 2002 by reason of sale on March 18, 2002, pursuant to the title trust agreement between B and B with regard to the instant real estate.

Consolidatedly, on June 7, 2002, the Plaintiff purchased shares of 13230/82215 of the instant real estate (hereinafter “instant sale”) by determining the purchase price from F as KRW 12 million, and completed the registration of ownership transfer on June 11, 2002.

B. (1) On April 3, 2002, Defendant Pyeong-gun Forestry Cooperatives loaned the F on April 3, 2004 with the due date on April 3, 2004; the interest rate of 9.6% per annum; the interest rate of 17% per annum; and the interest rate of 5 million won per annum (hereinafter “instant loan”).

B. On April 3, 2002, in order to secure the claim for the instant loan, the Defendant Yangyang-gun Forestry Cooperatives concluded a mortgage agreement with F on April 3, 2002 with regard to the instant real estate, and completed the registration of establishment of a neighboring mortgage with F.

(hereinafter “instant collateral security”). C.

(1) If F did not perform the obligation of the instant loan, the Defendant Yang-gun Forestry Cooperatives filed an application for voluntary auction of the instant real estate with the Suwon District Court in order to obtain repayment of the obligation of the instant loan, and the said court rendered a decision to commence auction on August 10, 2006.

(B) On January 5, 2007, the above court rendered a decision to dismiss the above auction auction application and the above auction application. On the other hand, the defendant B repaid the loan of this case to the defendant Sejong-gun Forestry Cooperatives for F.

On December 21, 2006, 198, 098, 790, 644, 510 27, 642, 600 on May 14, 2009, 14, 211, 505 10,788, 495.

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