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(영문) 서울고등법원 (춘천) 2018.05.02 2017나1948
손해배상(기)
Text

1. All appeals filed by the Plaintiff (Counterclaim Defendant) are dismissed.

2. The costs of appeal shall be borne by the Plaintiff (Counterclaim Defendant).

Reasons

1. Basic facts

A. On February 6, 1976, the Plaintiff and the Defendant married on February 28, 1987. (2) On January 28, 1987, the Plaintiff purchased the land listed in attached Table No. 1 (hereinafter “G land”) and completed the registration of ownership transfer on the said land on July 16, 1988, and newly constructed the building listed in attached Table No. 2 (hereinafter “G building”) on the ground of the said land, and completed the registration of ownership transfer in the Plaintiff’s name on October 19, 1989.

3) On April 26, 1994, the Plaintiff is the Chuncheon Agricultural Cooperatives (hereinafter “Chuncheon Agricultural Cooperatives”).

(1) As to land and building G, the maximum debt amount shall be KRW 70 million and the debtor shall be the Plaintiff’s right to collateral security (hereinafter “first right to collateral security”).

(4) On March 15, 1997, the Defendant received 1/2 shares of G land and buildings from the Plaintiff on March 15, 1997, and completed the registration of partial transfer of ownership in the name of the Defendant on March 17, 1997 as to 1/2 shares of G land and buildings.

B. The Defendant’s acquisition of land E and the registration of the establishment of a neighboring land 2) on August 14, 2003, the Defendant is 1,868 square meters in Chuncheon City E from H on August 14, 2003 (hereinafter “E land”).

On August 18, 2003, the Defendant purchased the above land, and completed the registration of ownership transfer under the name of the Defendant. 2) On March 5, 2009, the Defendant entered into a contract to establish a collateral security (hereinafter “second collateral security”) with the obligor as the Defendant on March 5, 2009, the maximum debt amount of 75 million won and the debtor on the land (hereinafter “second collateral security”) and completed the registration of the establishment of a collateral security for the land E with the Agricultural Cooperative on the same day.

C. On September 13, 2012, the Defendant’s complaint against the Plaintiff, the agreement on division of property, and the divorce 1 Plaintiff was sent to the Defendant and the Defendant’s father and the Defendant’s father and son.

Accordingly, the plaintiff is the defendant on the same day at the defendant's request.

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