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(영문) 서울중앙지방법원 2016.11.17 2015가합573890
구상금 등
Text

1. The Defendant’s KRW 450,000,000 as well as 6% per annum from June 24, 2015 to November 17, 2016 to the Plaintiff.

Reasons

1. Basic facts

A. The deceased B (the deceased’s death on April 24, 2008; hereinafter “the deceased”) owned the ownership transfer registration of the deceased’s share on July 2, 2002 on the deceased’s share 362 square meters (hereinafter “C land”), D 9 square meters (hereinafter “D land”), E large 127 square meters (hereinafter “E”), F large 761 square meters (hereinafter “F land”), and the attached building (hereinafter “F building”; all of the above real estate was referred to as “each of the instant real estate property”; on July 2, 2002, the Defendant, who was the wife of the deceased, transferred the ownership transfer registration of the deceased’s share 2/5 on the deceased’s share 2/40 on each of the instant real property reasons of division on April 25, 2002, and on each of the deceased’s share 20/40 on each of the instant real estate inheritance for 201/40 of G208.

B. On June 23, 2010, the draft agricultural cooperative granted a loan of KRW 1.5 billion to H, set up a collateral security right (hereinafter “instant collateral security right”) with respect to C’s land, D land, F land, and the instant building, with a maximum amount of KRW 1950 million (hereinafter “instant claim”). On September 11, 2014, the agricultural cooperative transferred the instant claim secured by the collateral security right to EpP Co., Ltd. (hereinafter “Ep PP”) (hereinafter “the first final claim transfer”), and on the same day, the additional registration for the transfer of the instant claim was completed on the grounds of the transfer of the said finalized claim, and PPP was made on December 19, 2014.

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