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(영문) 제주지방법원 2015.12.10 2015가합10710
구상금
Text

1. Defendant D’s KRW 106,33,933 each of the Plaintiffs and the interest rate of KRW 15% per annum from September 11, 2015 to the date of full payment.

Reasons

Basic Facts

A. On February 18, 200, the Defendants completed the registration of ownership transfer with respect to each of the real estate listed in the separate sheet (hereinafter “each of the instant lands”) on February 11, 200, by one half of each of the shares due to the successful bid due to voluntary auction on February 11, 200. Defendant D transferred ownership to the Plaintiffs and Defendant D’s mother-friendly network F (hereinafter “the deceased”). On November 20, 2007, the ownership was transferred to the Plaintiffs and Defendant D’s mother-friendly network F (hereinafter “the deceased”).

After that, on June 26, 2008, the Deceased completed the registration of ownership transfer on 77450 percent of the shares of the Deceased on the ground of testamentary gift on February 1, 2008.

B. Meanwhile, on May 18, 2001, Defendant D created a maximum debt amount of KRW 598,000,000, No. 3310,000, and Defendant D, Defendant D (hereinafter “the instant mortgage”) with respect to each of the instant lands, excluding Seoposi City G, and the remaining lands among the instant lands. On June 28, 2001, Nonghyup waived waived the right to collateral security on the instant land, and created additional collateral security on the instant land at Seopo City, Seoposi-si.

On September 8, 2009, Defendant E completed the additional registration of the transfer of the right to collateral security to Defendant E on the ground of transfer of contract on September 7, 2009.

On September 30, 2009, Defendant E, as a creditor, filed an application for the commencement of voluntary auction (the Jeju District Court I; hereinafter “instant auction procedure”) with respect to the shares of the Plaintiffs and Defendant D among each of the instant lands, and on April 30, 2015, Defendant E, as Defendant E, transferred ownership due to the sale of the shares of the Plaintiffs and Defendant D due to voluntary auction on April 30, 2015.

The principal amount of credit 28,614,000,759,787 38,950,000, 474,962,421,421, 50, 500, 500, 421, 50, 500, 000, Defendant E Co., Ltd. (Plaintiff A with provisional seizure authority), Defendant E, Defendant E (Plaintiff C) in the middle of the creditor Hangu Agricultural Cooperatives Nonghyup Bank Co., Ltd.

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