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(영문) 수원지방법원 성남지원 2018.01.12 2017가합401006
구상금
Text

1. Defendant C shall pay to the Plaintiff (Counterclaim Defendant) KRW 148,051,950 and interest thereon from November 28, 2017 to the date of full payment.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. The Plaintiff and Defendant B’s real estate acquisition and sale through the voluntary auction procedure of the Plaintiff and Defendant B’s real estate (i) and Defendant B, around March 6, 2005, shall be deemed to constitute “the instant real estate” in total, including the Plaintiff and Defendant B’s land and buildings, 268.65 square meters and 44.73 square meters, and 44.73 square meters, each of which are animal related to the Hanam-si, Hanam-si and the 639 square meters and the 1st 1st

On June 24, 2005, each of the instant real estates was jointly purchased, and completed the registration of ownership transfer as to one-half shares among the instant real estates. 2) On May 31, 201, the collective security right (hereinafter “the instant collective security right”) was established with the maximum debt amount of KRW 715,00,000 as the joint collateral on the instant real estate and the instant land and buildings owned by the Defendant B, as the joint collateral on May 31, 201.

3) On July 28, 2016, the FF Bank, based on the instant right to collateral security, voluntarily held the instant real estate G with the Suwon District Court in Seongbuk-nam branch (hereinafter “instant voluntary auction”).

(4) The sum of KRW 148,051,950 out of the proceeds of sale of shares in 1/2 of the instant real estate owned by the Plaintiff was distributed to the F Bank on March 23, 2017.

B. On the other hand, from August 11, 2005, Defendant B leased all or part of the instant real estate to H, I, J, K, L, L, M, N,O (the contracting party) and Q, respectively, at KRW 5,00,000 to KRW 15,00,000 to KRW 15,00,000 to KRW 400,000 to KRW 1,50,000 to KRW 400,00 to KRW 1,50,000 from each of the instant real estate (However, in the case of a lessee who partially leased the instant real estate, the lease term expires), from September 10, 2005 to June 2016, each lessee was paid the lease deposit and rent.

[Ground of recognition] A without dispute, Gap evidence Nos. 1 through 7, Eul evidence Nos. 1, 2, 9, 10, and 12 are numbers.

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