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Reasons
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(영문) 수원지방법원성남지원 2017.10.24 2016가단8076
구상금 등
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1. The Defendant’s KRW 41,392,732 as well as 5% per annum from May 15, 2016 to October 24, 2017 to the Plaintiff.

Reasons

1. Facts of recognition;

A. Do on May 20, 2009, about C forest land 5,552 square meters in Gwangju-si (hereinafter “instant real estate”) is a 5,552 square meters of forest land in Gwangju-si (hereinafter “instant real estate”) owned by the Plaintiff Association on May 20, 2009

As to the registry No. 1, the priority order No. 1,000,000 won of the maximum debt amount (hereinafter “mortgage No. 1”) shall be the “mortgage No. 1”).

(2) On March 4, 2010, D obtained a loan of KRW 120 million from the Plaintiff’s association on April 30, 2010, from the Plaintiff’s association. (3) On March 4, 2010, D created a collateral security (hereinafter “mortgage 3”) with a maximum debt amount of KRW 14 million, with a priority order No. 3,000,000,000,000,000,000 from the Plaintiff association.

3) On August 5, 2010, D shall be the right to collateral security (hereinafter “mortgage 4 of this case”) with a maximum debt amount of KRW 130 million,00,000,000,000 of the maximum debt amount, No. 4 column for the order of priority on the instant real estate to the Plaintiff Union No.

(4) On March 25, 2011, D created a collateral security (hereinafter “instant collateral security”) with a maximum debt amount of KRW 150 million on the instant real estate No. 5,000,000, with a priority order number No. 5, in order to secure a loan obligation against E by the Plaintiff Union. 4) on August 6, 2010.

B. F’s acquisition of equity interest in the instant real estate 1) around August 25, 201, around 201, F concluded a real estate sales contract with D and the instant real estate 2,645/52 of the price of KRW 260,000,000 (to substitute that of KRW 150,000,000,000,000,000 won for loans to D’s Plaintiff Union) to purchase KRW 150,000,000,000,000 as down payment 25,000,000 won and intermediate payment on August 25, 201, and KRW 8,00,000,000,000 as total of KRW 2,50,000 on September 18, 2011). D around December 26, 2011; and D dies on June 2, 2017.

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