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(영문) 수원지방법원성남지원 2015.10.29 2015가합1761
대여금
Text

1. The Defendant’s KRW 700,000,000 as well as 20% per annum from May 13, 2015 to September 30, 2015 to the Plaintiff.

Reasons

Basic Facts

On November 5, 2004, the Defendant obtained a loan of KRW 500 million from the Goyang Livestock Cooperatives (hereinafter “Yyang Livestock Cooperatives”) on November 5, 2006, with a view to securing the said loan obligation on the same day, the Plaintiff (C) divided the amount of KRW 36,528 square meters into D forest land and 36,528 square meters (36,028 square meters of E forest and 500 square meters of D forest and 36,028 square meters of D forest and 36,028 square meters of D forest and 36,028 square meters of D forest and 500 square meters of D forest and 36,028 square meters, which are owned by the Plaintiff on the same day; hereinafter, after division, D forest and 500 million of D forest and 36,028 square meters of D forest and 3

On September 29, 2006, the Defendant borrowed KRW 200 million from the Goyang Livestock Cooperative as of September 29, 2009 on the expiration date of the lending period. In order to secure the above lending obligation, the Plaintiff completed the registration of creation of a neighboring mortgage on the land of which the obligor is the Defendant, with respect to the maximum debt amount of KRW 260 million, and the maximum debt amount of KRW 3650,000,000,000,000,000 and the debtor.

The collective security interests association filed an application for a voluntary auction on the instant land, and accordingly, the decision of voluntary auction was rendered on September 24, 2012 by the High Government District Court was rendered on September 24, 2012, and the registration of the entry of the decision of voluntary auction on the instant land was completed on the same day.

(hereinafter referred to as “instant auction procedure”). The Goyang Livestock Cooperative claimed KRW 716,908,634 from the instant auction procedure, and the Asset Management Company completed the supplementary registration of the right to collateral security transfer on January 13, 2015, on the instant land.

The appraised value as of January 19, 2014 of the instant land was KRW 1,04,812,00,000, but as of March 6, 2015, the minimum sale price as of October 6, 2015 was KRW 358,371,00.

On October 13, 2015, the Goyang District Court rendered a decision to permit sale of the instant land in KRW 950,000,000.

[Reasons for Recognition] Unsatisfy, Gap evidence 1, 2, 4, 5, and 6 (including each number; hereinafter the same shall apply).

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