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(영문) 인천지방법원 2016.09.27 2016가합51084
구상금
Text

1. The plaintiff's portion of the claim against the defendant B shall be dismissed in respect of KRW 104,272,394.

2. Defendant B shall be the Plaintiff.

Reasons

1. Basic facts

A. The Plaintiff and the Defendants’ real estate ownership relationship 1) the Plaintiff and the Defendants’ real estate ownership registration for D’s lot number address in Seocheon-si, Seocheon-si is Seocheon-si, Seocheon-si H. The Plaintiff and the Defendant B are siblingsed. The Plaintiff, the Plaintiff, the Plaintiff, the Plaintiff, and the E’s spouse F, on January 4, 198, completed the registration of ownership transfer for shares in relation to D’s 469 square meters in Seocheon-si, Seocheon-si, Seocheon-si, Seocheon-si, and on February 28, 191, the registration of ownership transfer was completed on February 28, 191. At the time of the completion of the above registration, the share ratio was 25/100, 24/100, and 26/100 of the Plaintiff and the Defendants’ B, and 26/100 of F’s total land and buildings (hereinafter referred to as “real estate”).

2) 2) The Gu parcel number address of the Nowon-gu Seoul Special Metropolitan City G is the Nowon-gu Seoul Special Metropolitan City I.

On February 4, 1988, and May 9, 1997, the Plaintiff, Defendant B, E, and F completed the registration of transfer of ownership of three-story buildings with respect to the land and the ground building, and the registration of transfer of ownership of three-story buildings with respect to the land and the ground reinforced concrete structure.

(B) The Plaintiff purchased on October 30, 199 the entire shares of E and F with respect to the 2nd real estate, and completed the registration of share ownership transfer on November 26, 199. As a result, the share ratio of land among the 2nd real estate was 153,801.2/20, Defendant B had 48,568.8/20, and the share ratio of the building was 76/100, Defendant B had 24/100.

On July 1, 2003, Defendant B transferred the registration of the entire shares of Defendant B to J Co., Ltd., the representative director, and the J Co., Ltd. changed its trade name to Defendant C Co., Ltd (hereinafter “Defendant C”) on June 8, 2004.

B. Defendant B, with respect to the creation of security against the Plaintiff’s loans and the Plaintiff’s water guarantee 1, 2, and 1, and 2 real estate, on May 29, 200, shall be the Bank of Korea of 600,000,000 won with respect to the whole share of the Plaintiff and the Defendant C in the Bank of Korea of May 29, 200.

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