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(영문) 제주지방법원 2016.05.20 2015가단14500
손해배상(기)
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

Based on the facts, C's notarial deed preparation process D requested the defendant to provide funds to acquire the E Savings Bank located in the Jeonbuk-gun located in the Jeonbuk-gun in May 2005.

The defendant requested D to prepare a notarial deed with D as a joint guarantor in order to secure F and 43 lots of land owned by D as security by borrowing D's name.

C Upon D’s request, on August 22, 2005, a notary public drawn up a notarial deed to the effect that C is jointly and severally and severally liable for payment of KRW 1.5 billion borrowed from the Defendant on August 21, 2005 by the principal debtor D on August 21, 2005 and damages for delay calculated at the rate of 24% per annum from January 1, 2006 to 20% from the same law office (hereinafter “notarial deed of this case”).

The Plaintiff, around 2005, newly constructed a three-story building (hereinafter “instant building”) on the ground of HJ large 330.6 square meters (hereinafter “instant land”) at Jeju-si, which held one-half shares in C and one-half shares, and completed the registration of initial ownership in the joint name of the husband and wife on January 20, 206.

On January 20, 2006, the Plaintiff and C had been loaned KRW 450,00,000 from the Jeju Agricultural Cooperative (hereinafter “Seoul Agricultural Cooperative”), and as the principal debtor, C as the principal debtor with respect to the whole share of the Plaintiff’s husband and wife among the instant land and buildings, the obligor, as the principal debtor, had completed the registration of creation of mortgage around the Jeju Agricultural Cooperative and the maximum debt amount of the Plaintiff’s 630,000,000.

On April 4, 2011, the defendant applied for a compulsory auction of real estate C's share in the instant land and buildings to Jeju District Court I on the basis of the instant notarial deed against C.

Accordingly, on April 5, 201, the auction court rendered a decision to commence compulsory auction and completed the entry registration of the shares in common.

On August 8, 2011, the defendant is about C's share in the above auction procedure.

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