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(영문) 수원지방법원성남지원 2016.03.31 2015가합2207
약정금 등
Text

1. As to KRW 3,076,400,000 among the Plaintiff and KRW 3,048,400,000 among the Plaintiff, the Defendant shall start from June 12, 2015 to September 30, 2015.

Reasons

1. Facts of recognition;

A. The defendant is the plaintiff's wife.

B. Seoul Gangnam-gu land and its ground buildings owned by the Plaintiff and F land adjacent to the above land were owned by the original Defendant in co-ownership of 1/2 shares, and the Plaintiff decided to title trust the Defendant with all shares of 1/2 out of E land and building and F land, and completed the registration of ownership transfer in the future of the Defendant from July 30, 2001 to August 3, 2001.

C. After that, on November 22, 2005, the registration of preservation of ownership in the name of the defendant was completed since the building was newly constructed on the F land.

On June 22, 2006, the Defendant set up a collateral security right of KRW 4.8 billion with respect to E land, building, F, and land and building (hereinafter referred to as “G real estate”) in the future of Korea-Japan (hereinafter referred to as “Korea-Japan”), Korea-Japan (hereinafter referred to as “Korea-Japan”) Co., Ltd., Ltd. (hereinafter referred to as “Korea-Japan”) with respect to the collateral security right of KRW 4.8 billion with respect to the obligor.

After the commencement of the auction procedure with respect to the above real estate upon the application of Korea-Japan Island, the defendant sold G real estate to H on February 15, 2008 for a total of KRW 5.57 billion, and completed the registration of ownership transfer on June 30, 2008.

E. Meanwhile, at the time of establishing the right to collateral security on G real estate in the future, the Defendant purchased 1,2, and 3 parts of the 1,2, and 3 stories from the Busan Jin-gu Busan Island (hereinafter “Cinsan Family”) from the Han Man-do Island. The Defendant acquired the right to collateral security of 4 billion won with the maximum debt amount against the Defendant as the right to collateral security, instead of establishing the right to collateral security on G real estate in the future as a collateral guarantee for the obligation to purchase the amount of the purchase price at the Busan Pindo price.

After that, the Defendant used the payment of the G real estate purchase price to the G M&D for the payment of the obligation to pay the purchase price, and thereafter, the real estate auction procedure concerning the Busan Family commenced at the Defendant’s request.

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