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(영문) 서울동부지방법원 2016.12.21 2016가단116139
근저당권말소
Text

1. G, H, I, J, and K:

A. Defendant A shall have each L Shares 1/2. of attached Table 1 and 2.

Reasons

1. Determination as to the Plaintiff’s claim against the Defendants

A. The plaintiff filed a lawsuit against the non-party Shinyang Tourist Hotel Co., Ltd. (hereinafter "non-party company"), L, N,O, and M with the Seoul District Court 96Da74630 on February 19, 197, and sentenced the above court to "the defendant jointly and severally paid to the plaintiff 1,061,100,710 won and the amount calculated by the ratio of 17% per annum from March 11, 1996 to the full payment date" and the above judgment became final and conclusive on April 9, 1997.

(2) The court of Seoul Central District Court 2007Kadan96988 filed a lawsuit against the non-party G, H, I, J, and K for the interruption of the extinctive prescription of the claim in accordance with the first final judgment, and on November 19, 2008, the plaintiff filed a lawsuit against the non-party G, H, I, J, and K as the non-party company,O, M, and L’s property heir.

A. As to the Defendant Non-Party Company, DefendantO, and Defendant M jointly and severally KRW 1,274,428,383 and KRW 795,825,532 among them:

B. Defendant G, Defendant H, Defendant I, Defendant J, and Defendant K are within the scope of the property inherited from the deceased L.

A. The Defendants stated in the claim are jointly and severally liable for damages.

Of the money stated in this paragraph, 254,885,676 won and each of them159,165,106 won shall be paid 17% per annum from March 11, 1996 to February 15, 1998; 25% per annum from the next day to October 31, 1998; 20% per annum from the next day to February 29, 200; 18% per annum from the next day to April 16, 200; 16% per annum from the next day to November 5, 2008; and 20% per annum from the next day to the day of full payment.

The judgment was sentenced, and the above judgment became final and conclusive on December 2008.

(2) The lower court determined that L’s property successors and M et al. did not repay obligations according to the second final judgment, thereby resulting in a total of KRW 4,240,898,480, as of April 21, 2016.

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