(영문) 서울북부지방법원 2017.12.22 2016가단144277

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(영문) 서울북부지방법원 2017.12.22 2016가단144277

손해배상(기)

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1. The plaintiff's main claim is dismissed.

2. The defendant shall receive KRW 1,375,00 from the plaintiff at the same time.

Reasons

1. Basic facts

A. The establishment registration of a mortgage in the name of the debtor J Co., Ltd. was completed with respect to each of the real estate listed in the separate sheet owned by the defendant (hereinafter referred to as the "State real estate of this case"), among D, E, F, and G of the fifth floor of the building of this case (hereinafter referred to as the "Hdong real estate of this case"), and the maximum debt amount of D with respect to D in relation to only D, 130,000,000, the debtor, and the debtor's I association's establishment registration of a mortgage and the maximum debt amount of D in relation to D, respectively, and the establishment registration of a mortgage in the name of the debtor J Co., Ltd. was completed with respect to each of the real estate listed in the separate sheet owned by the defendant (hereinafter referred to as the "principal real estate of this case").

B. On December 7, 2010, the Plaintiff exchanged the instant Hdong real estate and the instant Jeju real estate with the Defendant, but the Defendant paid 10,000,000,000 won to the Plaintiff as the exchange difference, and assumed the secured debt of the right to collateral security established under Hdong D (a total amount of KRW 150,000,000) and succeeds to the obligation to refund the deposit amount of KRW 15,00,000 for the instant Hdong real estate (a total of the secured debt amount at the time), and cancelled the registration of provisional attachment (a maximum claim amount of KRW 26,00,000,000 for the instant Jeju real estate by the exchange payment date, and the Plaintiff concluded the agreement to exchange the instant building (hereinafter referred to as the “instant building agreement”).

1. The Plaintiff’s loan (150,000,000 won) of Hdong D in this case is to transfer the ownership after the Defendant’s succession and partial repayment, and simultaneously make the loan without raising any objection.

(Provided, That the plaintiff's creditorO resides in the five storys of the Hdong real estate of this case, and resides without any condition until the ownership of the Jeju real estate of this case is acquired)

2. The defendant shall pay the principal of the loan.

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