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(영문) 서울고등법원 2014.03.27 2013나11227
구상금
Text

1. Revocation of a judgment of the first instance;

2. All plaintiffs' claims are dismissed.

3. The plaintiffs' total costs of litigation.

Reasons

1. Facts of recognition;

A. On February 27, 2002, Plaintiff B purchased shares of KRW 308/1061 from the Defendant in the amount of KRW 12,00,000,000, out of D forest land 1,061 square meters (hereinafter “forest land before division”) owned by the Defendant.

B. On June 20, 200, the Defendant’s punishment E loaned KRW 259,00,000 from Seocho Agricultural Cooperative on June 20, 2003. The Defendant, on June 19, 2003, ordered the Plaintiff to set up a collateral security right with regard to the forest land before the said division as security for the above E’s above loan obligation on June 19, 2003, which was before the completion of the registration of ownership transfer as to the 308/1061 share out of the forest land before the division, with the maximum amount of debt 363,00,000,000 won, the debtor E, and the

(hereinafter referred to as the "mortgage of this case").

On February 25, 2004, the defendant completed the registration of transfer of ownership with respect to share 308/1061 out of forest land before subdivision due to sale on February 27, 2002 to Plaintiff B.

Plaintiff

B, in order to prevent the exercise of the right to collateral security when E was faced with the situation where the instant right to collateral security was not fulfilled, B paid a total of 36,011,166 won, out of the secured debt of the instant right to collateral security, to Seobu Agricultural Cooperative, from May 31, 2004 to April 4, 2006.

E. On August 8, 2005, which was after the commencement of the payment by subrogation for the Seocho Agricultural Cooperative, the plaintiff B made a co-owned property partition agreement with the defendant and F to divide the forest land before the division as stated in the table below. According to the division agreement, the plaintiff B completed the subdivision and the registration of transfer of ownership as to the forest land before the division on August 17, 2005.

(E) After the subdivision, each land after the subdivision was made for registration conversion as indicated in the following table). After the subdivision on August 17, 2005, after the land was divided on August 17, 2005, Plaintiff B, 1,000 square meters of a forest land of 1,061 square meters in D forest land of 540 square meters in 418.5/1061 square meters in 545 square meters in Defendant G farm site of 542.5/1061 square meters in 642.5/1061 square meters in 213 square meters in 214 square meters in forest land after the registration conversion was made on March 29, 2006.

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