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(영문) 의정부지방법원고양지원 2014.10.15 2013가합10307
손해배상(기)
Text

1. The Defendant: (a) 97,513,816 won to Plaintiff B and 5% per annum from April 20, 2013 to October 15, 2014; and (b)

Reasons

1. Basic facts

A. (1) On January 29, 2011, the Defendant purchased F apartment 507 dong 1602 (hereinafter “F apartment”) from E at the time of strike, and completed the registration of ownership transfer with respect to F apartment in March 1, 201, according to the title trust agreement with G.

B. On May 20, 201, Plaintiff A entered into a lease agreement (hereinafter “F apartment lease agreement”) under which Plaintiff A leases F apartment from G during the term of lease from July 19, 201 to July 8, 2013 (hereinafter “F apartment lease agreement”).

On December 17, 2012, Plaintiff A purchased F apartment from G in the purchase price of KRW 320 million. At that time, Plaintiff A agreed with G to repay the loan obligations to G Industrial Bank of Korea, which was the secured debt of the establishment registration of a new mortgage in the future of the Industrial Bank of Korea regarding F apartment, and Plaintiff A subrogated for KRW 297,471, 411 to the Industrial Bank of Korea on December 28, 2012.

B. (1) On February 8, 2011, the Defendant purchased the I Apartment 107, 2002 (hereinafter “I Apartment”) from H at the time of Pakistan, and completed the registration of ownership transfer with respect to I Apartment on April 20, 201, according to the title trust agreement with G.

B. On February 17, 2011, Plaintiff B entered into a lease agreement (hereinafter “I apartment lease agreement”) under which Plaintiff B leases I apartment from G during the term of lease from April 20, 201 to April 19, 201 (hereinafter “I apartment lease agreement”).

On December 28, 2012, Plaintiff B purchased I apartment from G in the purchase price of KRW 270 million. At that time, Plaintiff B agreed with G to act on behalf of, or take over the obligations of, G’s loan to the Korea Housing Finance Corporation, which is the secured obligation of the establishment registration of a neighboring mortgage over I apartment in the future of the Korea Housing Finance Corporation.

C. (1) The Defendant shall enter into a title trust agreement with J.

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