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(영문) 서울남부지방법원 2019.04.05 2018가단257952
구상금
Text

1. Within the scope of the property inherited from the network E, Defendant B shall be limited to 16,838,840 won and Defendant C and D shall be limited to 11.

Reasons

1. Facts of recognition;

A. The parties’ related Plaintiff purchased from Dong E on December 22, 2003 (Death on July 25, 2005) 8.98/287 shares of the F site of Yeongdeungpo-gu Seoul Metropolitan Government and 10/237 shares of the G site of Yeongdeungpo-gu Seoul Metropolitan Government (hereinafter “the instant real estate”). Defendant B is the wife of Dong E, and Defendant D and C are the children of Dong E.

B. On April 25, 2002, the Plaintiff’s subrogation 1) purchased 8.98/287 square meters of F site in the Republic of Korea from the Republic of Korea (the Ministry of Finance and Economy), KRW 29,254,500, June 11, 2002, the Plaintiff purchased 10/237 square meters of G site G site in the amount of KRW 98.555,00,00,000. The Plaintiff completed the registration of the establishment of the real estate in the instant case from G site in the name of the Plaintiff on December 22, 2003, the obligor, the mortgagee, the Republic of Korea (the Office of Finance and Economy), the maximum debt amount of KRW 424.80,00,000,000,000,000,000 won, and the Plaintiff completed the registration of the ownership transfer under the name of the Plaintiff, and the Plaintiff agreed to complete the registration of ownership transfer under the agreement and tax charges related to the instant real estate.

3) On June 11, 2002, the Plaintiff purchased another land located within the redevelopment area, and received an evaluation by adding up the above land including the instant real estate to the land in accordance with the redevelopment procedure, and completed the registration of initial ownership preservation in the Plaintiff’s future on July 14, 2015, and on July 14, 2015, the above registration of creation of collateral security was succeeded as it was. 4) After the debtor’s net E did not repay the collateral security debt, the Plaintiff paid the total sum of KRW 15,137,870 on his/her behalf of the Plaintiff to the Yeongdeungpo-gu Seoul Metropolitan Government for partial repayment of the above debt, such as the principal of sale and the sales delay fee, and the Korea Asset Management Corporation, the business entrusted by the Republic of Korea, applied for voluntary auction on the ground of collateral security, and the Plaintiff applied for the auction on the above apartment on January 29, 2018.

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