logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2016.11.03 2015가단5301321
지분청산
Text

1. The Defendant paid KRW 93,383,00 to the Plaintiff KRW 5% per annum from August 25, 2015 to November 3, 2016.

Reasons

1. Basic facts

A. On August 12, 2008, the Plaintiff and the Defendant jointly purchased the sales price of KRW 260,000,000,000, KRW 1769,000,000, KRW 515,000,00,000, KRW 515,000,000,000, and KRW 98.6,006,000,00,000,000, respectively, for convenience, entered into a partnership agreement with the Plaintiff and the Defendant to jointly purchase the sales price of KRW 1769,00,00,000.

B. Of the total sum of KRW 280,000,000, including the purchase price and registration cost, the Plaintiff assumed the remainder of KRW 139,000,000 with each other. On September 10, 2008, the Plaintiff acquired the collateral security obligation of KRW 56,000,000 under the name of the Defendant and received the loan in the name of the Defendant on September 10, 2008, to bear the principal and interest of KRW 40,000,00 with the remainder of KRW 139,00,000,000, as the share of ownership. The repair cost of the instant housing, etc. was to be borne by the Plaintiff as the share of ownership.

C. The Defendant, while occupying and using the instant housing, etc. after the lapse of eight years after the purchase, did not sell the instant housing, etc., and the Defendant, around May 23, 2013, revoked the registration of the establishment of a neighboring mortgage of KRW 84,00,000, the maximum debt amount of KRW 56,000,000, which is the Chuncheon Saemaul Depository, (the Defendant increased the maximum debt amount on May 24, 2010, and changed to KRW 91,00,000).

As seen above, the Defendant solely received additional loans by changing the registration of creation of a mortgage on the instant housing, etc. and did not sell the instant housing, etc., and the Plaintiff notified the Defendant of the termination of the agreement on the instant housing, etc. by serving the instant complaint on the Defendant. The current market price of the instant housing, etc. is KRW 226,766,00.

arrow