(영문) 서울중앙지방법원 2015.12.23 2014가합549814

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(영문) 서울중앙지방법원 2015.12.23 2014가합549814

구상금

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1. As to the Plaintiff, Defendant D’s KRW 19,266,00, and Defendant E and F’s KRW 12,844,003, respectively, and each of the said money from July 9, 2014.

Reasons

1. Determination as to the cause of claim

A. Facts of recognition 1) Defendant D is the deceased G (Death on August 3, 2012, hereinafter “the deceased”).

The wife is the deceased and the children of the deceased and the defendant D. 2) The deceased and the mother of the deceased (the mother of December 2, 2010), the plaintiff and the plaintiff's supplementary intervenors, I, J, and K, etc. (hereinafter "the heir of this case") were succeeded on April 6, 1975 to 3,120 square meters in Songpa-gu, Seoul (hereinafter "the land of this case"). On April 15, 1978, the co-ownership registration of the heir of this case was completed on the land of this case on inheritance grounds.

3) On December 27, 1999, the Deceased is the Nambu Agricultural Cooperatives (hereinafter “Agricultural Cooperatives”)

1) The loan of KRW 150,000 from 150,000 (hereinafter “instant first loan”) was granted (hereinafter “instant loan”).

(1) As to the land of this case, the mortgagee of the right to collateral security against the loan of this case is deemed to have been secured against the No. 1, the No. 210,000,000 won with the maximum debt amount, and the mortgagee’s right to collateral security against the deceased

4) On August 18, 2003, the Deceased borrowed KRW 150,00,00 from the Nonghyup Co., Ltd. (hereinafter “the instant loans”). As a security for the instant loans with respect to the instant land No. 1, a mortgagee of the right to collateral security against the said loans has been established 210,00,000, the maximum debt amount of the No. 2-mortgage for the deceased, and the right to collateral security against the debtor’s property (hereinafter “the instant second collateral security”).

5) Meanwhile, the Plaintiff jointly and severally guaranteed the Defendant’s debt of the instant Nos. 1 and 2 loans to the Nonghyup. Of the instant land No. 1, the Plaintiff created each collateral to the Nonghyup, the creditor of the Plaintiff, as to the Plaintiff’s share of 2/14 of the Plaintiff’s ownership. 6) On August 22, 2007, the Deceased agreed to consolidate the Plaintiff’s debt of the instant Nos. 1 and 2 loans with the principal amount of KRW 300,000,000.

7. As to the land of this case No. 1 on April 10, 2014

유사 판례

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