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(영문) 광주지방법원 2015.08.20 2014가합8419
양수금반환
Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. Basic facts

A. Each real estate listed in the separate sheet (hereinafter “each real estate of this case”) was owned D. Since 198, the Plaintiff leased and used a factory (the real estate listed in paragraph 4 of the attached list) among each real estate of this case from D from around 1998.

B. After D died on March 8, 2007, all of the remaining co-inheritors except Defendant B renounced inheritance, and only Defendant B succeeded to the property with qualified acceptance, thereby acquiring the ownership of each of the instant real estate.

C. At the time of Defendant B’s acquisition of each of the instant real estate, the registration of joint establishment was completed as follows.

On July 11, 1998, 1995, 44195, 4400,000 won of the maximum debt amount of the contract, 700,000,000 won on July 10, 1998, 1998, and 500,000,000,000 won of the maximum debt amount of the contract to be established on July 10, 1998, 198, 44196, 441966, July 10, 1998, Defendant C, Defendant C, 3, who was the debtor of the 49129, 49129 on August 4, 1998, 198, as the debtor D D-3, Defendant C, who was the mortgagee, of the 120,000,000 won of the maximum debt amount of the contract.

D. On August 16, 2013, the Plaintiff entered into a collective security transfer contract (hereinafter “instant contract”) under which Defendant C would be subject to the transfer of registration of establishment of the said second-class collective security (hereinafter “instant contract”) and the main contents of the instant contract are as follows.

On July 10, 1998, upon establishing a contract as of July 10, 1998, the Gwangju District Court registered the establishment of a neighboring mortgage as of July 11, 1998. The transferor (Defendant C) transferred the establishment of a neighboring mortgage to the transferee (Plaintiff) and the transferee (Plaintiff) takes over the establishment of a neighboring mortgage.

The above amount of KRW 515,00,000 is the whole secured debt that D, the owner of each real property of this case, must pay to Defendant C, and the above amount is as follows.

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