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(영문) 부산지방법원동부지원 2015.04.02 2014가단213693
약정금
Text

1. The Defendant shall pay to the Plaintiff KRW 55,381,114 and the interest rate of KRW 20% per annum from October 21, 2014 to the day of full payment.

Reasons

1. Determination as to the cause of claim

A. Facts 1) The Plaintiff and the Defendant are the siblings and the sole heir of the network C. 2) On May 30, 2012, the Plaintiff and the Defendant agreed to divide the instant real estate into inherited property with respect to “The instant real estate shall be in the name of the Defendant, but mutual agreement to divide the instant real estate after excluding the remaining loans at the time of selling the instant real estate,” and on June 1, 2012, the Defendant completed the registration of ownership transfer on the grounds of inheritance by division.

3) At the time of consultation on the division of inherited property with respect to the instant real estate, the instant real estate was established as a collateral of 101,40,000 won with respect to the debtor’s net C, creditor M&C, and maximum debt amount, and the secured debt of the said collateral was KRW 69,737,772. 4) On July 5, 2012, the Defendant subrogated for the loans to the instant real estate to the deceased M&C Co., Ltd. on behalf of the debtor, and cancelled the registration of the establishment of a collateral of the K&C life insurance company for the instant real estate.

5) On May 8, 2014, the Defendant established a right to collateral security of KRW 159,90,000 for the obligor, obligee, Busan East Credit Union, and maximum debt amount, and completed the registration of creation. 6) The market price of the instant real estate is KRW 180,50,000 for the market price of the instant real estate.

[Ground of recognition] Unsatisfy, entry of Gap evidence 1 to 4 (including branch numbers in case of additional number), the purport of the whole pleadings

B. According to the above facts of determination, the Defendant agreed to divide the remainder of the instant real estate at the time of the sale of the instant real estate with the Plaintiff, with the exception of the loans on the instant real estate at the time of the agreement on division of the inherited property, but thereafter, on May 8, 2014, set the collateral security amount of KRW 159,900,000 for the instant real estate.

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