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(영문) 수원지방법원 성남지원 2018.10.05 2018가단204328
구상금
Text

1. The Defendant shall pay to the Plaintiff KRW 63,306,895 and interest rate of KRW 15% per annum from March 7, 2018 to the day of complete payment.

Reasons

Basic Facts

- On October 6, 2010, B acquired ownership by winning a successful bid at a voluntary auction procedure on six parcels of C forest land 25,247 square meters (hereinafter “the instant forest”), D forest 413 square meters, E forest 6,850 square meters, F forest 450 square meters, G forest 2,316 square meters, and H forest 751 square meters.

- In relation to the above six parcels of forest land, the registration of the establishment of a neighboring mortgage was completed with regard to the debtor B, the mortgagee-mortgage-mortgage-based mutual savings bank, the maximum debt amount of 480,000,000 won, as the main branch court of the Chuncheon District Court, No. 45387, Oct. 6, 2010.

- I, J, and the Defendant agreed to purchase from B the above six parcels of forest land in 420,000,000, the remaining five parcels of forest land except for the forest land of this case, and to take over the collateral security obligations of B Co., Ltd. for Homato2 Mutual Savings Bank in lieu of payment of KRW 320,000,000 out of the purchase price.

- The Defendant obtained a loan from the Young-gu Credit Union (hereinafter “Yong-gu Credit Union”), and repaid B’s collateral security obligations, and on April 14, 201, the registration of the establishment of a neighboring mortgage amounting to KRW 416,000 with respect to forest land in the above six parcels of land was completed by the debtor, the mortgagee, the Young-gu Credit Union, the maximum debt amount, and the maximum debt amount, KRW 416,000,000.

- On June 8, 201, on five remaining five parcels of forest land except for the instant forest land, the registration of the ownership transfer was completed by 1/3 shares in the forest land on June 8, 201, and the registration of the establishment of a neighboring forest on the said five parcels of forest land was revoked on October 8, 201, and the registration of the establishment of a neighboring forest on the said five parcels of forest land continued to exist only in the instant forest land.

- On September 27, 201, the Defendant was loaned KRW 63,000,000 from the Young-gu Cooperative.

- On June 3, 2013, the Plaintiff purchased the instant forest from B in KRW 70,000,000, and accordingly, the Plaintiff had the ownership transfer registration under the name of the Plaintiff on July 10, 2013, as the receipt of 40780 on July 10, 2013, with respect to the instant forest.

- On May 15, 2017, the plaintiff is against the defendant's Young-gu Credit Union.

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