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Reasons
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(영문) 서울북부지방법원 2016.10.06 2016가합23285
청산금 청구
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1. The plaintiff's claims against the defendants are all dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Facts of recognition;

A. The relationship 1) The Plaintiff is the deceased G (hereinafter “the deceased”).

In order to borrow money from a lender and secure his/her obligation for borrowed money, each real estate listed in the separate sheet shall be registered as the provisional registration of the right to claim ownership transfer (hereinafter “provisional registration of this case”).

3) The registration of ownership transfer based on the above provisional registration (hereinafter “this case’s principal registration”) and the above provisional registration

2) The deceased died on January 14, 2006. Defendant B’s wife, Defendant C, D, and net H are the deceased’s children, and Defendant E is the deceased’s wife, Defendant C, and Defendant F is the deceased’s children.

B. During the provisional registration of this case and the principal registration of this case, the Deceased lent to the Plaintiff a total of KRW 29,500,000 on February 11, 1985, KRW 7,000 on July 27, 1986, KRW 1,500,000 on March 18, 1986, KRW 2,000,000 on August 19, 1986, KRW 3,00,000 on August 26, 1987, KRW 29,500,000 on October 14, 190,000 on each of the interest and reimbursement period, and KRW 30,000 on the Plaintiff’s land, KRW 10,00 on the Plaintiff’s ground mutual savings and finance company (hereinafter “non-party mutual savings and finance company”) and KRW 300,000 on the Plaintiff’s land and its maximum debt amount.

3) After that, upon the plaintiff's delay in the repayment of the loan, the non-party treasury applied for voluntary auction based on the above collateral security, and on November 10, 1987, the auction procedure was commenced on the above I site and the above I housing owned by the deceased. On May 3, 1988, the deceased on May 3, 198, on behalf of the non-party treasury, paid 32,249,436 won to the non-party treasury, and cancelled the registration of creation of the above neighboring mortgage under the name of the non-party treasury. (4) On January 15, 1988, the JJ made the claim for the promissory notes amounting to KRW 16,00,000 against the plaintiff as the claim for the debt of the non-party 16,000,000 won as stated in the attached list 2, 3 real estate as well as the Gyeonggi-gun Forest Forest.

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