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(영문) 춘천지방법원영월지원 2016.01.27 2015가단10955
구상금
Text

1. The defendant shall pay to the plaintiffs the amount of KRW 15,623,380 and each of the above amounts from August 4, 2015 to the day of full payment.

Reasons

1. Facts of recognition;

A. On June 8, 1989, the registration for the transfer of ownership in the name of the defendant and E (one half shares) was completed on the ground of the sale on the part of May 25, 1989 with respect to the 11,055 square meters (hereinafter “land before subdivision”).

B. On June 28, 1999, the Defendant completed the registration of creation of the right to collateral security (hereinafter “instant right to collateral security”) with the maximum debt amount of KRW 30 million, the debtor, the defendant, and the mortgagee of the right to collateral security (hereinafter “instant right to collateral security”) regarding his share and the amount of his share in the land before the division, F, G, and H, among the land before the division, and completed the registration of cancellation of the F, G, and H among the instant right to collateral security on August 28, 2003.

C. On November 4, 2008, the land before subdivision was divided into 5,528 square meters (D) and 5,527 square meters (5,527 square meters) prior to the J on the day of Gangseo-gun, Seowon-gun (hereinafter “D”) and the land before J was divided into 3,684 square meters (hereinafter “J”) and 1,843 square meters prior to K on March 30, 201.

L and the defendant owned 1/2 of each D, but L had completed the registration of ownership transfer to the defendant on September 30, 2008 as to their own shares (1/2) among D on December 27, 2013.

E. Defendant and L owned 1/2 of their respective shares in J and K. However, on January 21, 201, the Defendant completed the registration of ownership transfer to L on the ground of a partition of co-owned property on September 30, 2008 as to their shares (1/2) among J and K on September 21, 201.

F. L completed the registration of ownership transfer to Plaintiff A on July 2, 2012 due to the sale as of June 29, 2012 with respect to J, and completed the registration of ownership transfer to Plaintiff B on March 31, 2011 with respect to K on March 24, 2011.

G. On March 4, 2014, I voluntarily rendered a decision to commence the auction on the ground of the instant collateral security by the Chuncheon District Court’s Young-gu Branch M&D on March 4, 2014

(hereinafter “instant auction procedure”). H.

On May 2015, the Plaintiffs paid I KRW 30 million of the claim amount of the instant right to collateral security and KRW 1,246,760 of the execution cost of the instant auction procedure, and I paid I.

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