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(영문) 의정부지방법원고양지원 2019.10.11 2018가합74290
구상금
Text

1. The counterclaim Defendant: (a) KRW 25,146,823, respectively, and the period from April 24, 2019 to October 11, 2019.

Reasons

1. Basic facts

A. The parties to the counterclaim are married in a marital relationship, and the counterclaim Defendant owned the D major 5,096 square meters (hereinafter “instant land before the instant partition”) at the time of Pakistan, and was promoting the business of newly building and selling housing on the above ground.

B. On July 14, 2012, the counterclaims entered into a sales contract between the counterclaims and the counterclaims with KRW 430,00,000 (land 177,000,000, building 230,000,000, value-added tax 23,000,000 on the date of the contract, and each of the counterclaims entered into a sales contract with KRW 3,00,000,000 on July 20, 2012; KRW 20,000,000,000,000,000,000, 20,000,000, 120,00,000,000 intermediate payment on July 31, 2012; KRW 287,000,000,000 on the occupancy date; KRW 287,000,000 on each of the counterclaims.

C. On October 18, 2012, G Co., Ltd. (hereinafter “G”) established the right to collateral security and completed the provisional seizure of H, the counterclaim Defendant Co., Ltd. (hereinafter “Plaintiff”) against the obligor, the mortgagee Co., Ltd. (hereinafter “G”).

(2) In order to secure loan obligations, the Lessee created a right to collateral security with a maximum debt amount of KRW 2,100,000,000,000. Furthermore, the Counterclaim created a right to collateral security with a maximum debt amount of KRW 200,000,000 from G on October 18, 2012 to pay the purchase price to the Counterclaim Defendant. In addition, in order to secure loan obligations, the Counterclaim Plaintiff created a right to collateral security with a debt amount of KRW 280,000,00 with respect to the land prior to the division.

3. On August 27, 2013, H, a creditor of the counterclaim Defendant, completed the provisional attachment registration on the same day, subject to the order of provisional attachment attachment 2013Kadan50516, J, a creditor of the counterclaim Defendant, with a claim amounting to KRW 105,50,000 with respect to the land prior to the instant partition.

On August 30, 2013, the land before the instant partition is divided, DJ large 169 square meters, I large 179 square meters, and J large 179 square meters, from the land before the instant partition.

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