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(영문) 대구지방법원김천지원 2016.10.12 2015가단7417
토지대금
Text

1. The Defendant: (a) KRW 67,074,00 for Plaintiff A; and (b) KRW 18,292,90 for Plaintiff B; and (c) KRW 12,195,272 for Plaintiff C, D, E, and F, respectively.

Reasons

1. Facts of recognition;

A. The Plaintiff A and the network H, I, and Network J (hereinafter collectively referred to as the “Plaintiff A, etc.”) assumed 1/4 of the purchase price with K, and purchased 1,597 square meters in Kimcheon-si L (hereinafter referred to as the “instant land”) and agreed to trust the name thereof to K.

B. M entered into a sales contract for the instant land with K around 1982, and completed the registration of ownership transfer with K on January 14, 1991.

C. On March 11, 2003, K agreed to transfer the instant land under the name of the Defendant (the spouse of the deceased J) and completed the registration of ownership transfer with respect to the instant land in the name of the Defendant.

As to the instant land, the Defendant completed the registration of creation of a neighboring mortgage on April 12, 2010 with the maximum debt amount of 39 million won, and the registration of creation of a mortgage on August 7, 2012 with the maximum debt amount of 39 million won, respectively. On January 15, 2016, the Defendant revoked the registration of creation of a mortgage on the instant land under the name of the old-U.S. Mutual Savings Bank, following the completion of the registration of creation of a mortgage on the instant land, which is the maximum debt amount of 250 million won, on January 15, 2016.

On January 22, 2016, the Defendant completed the registration of creation of a mortgage over the cause of 100 million maximum debt amount with respect to the instant land to N.

E. On the other hand, the deceased died on May 10, 2002, and his heir is the Plaintiff C, D, E, and F, the spouse of the deceased.

F. On August 25, 2016, K transferred the right to claim damages against the Defendant regarding the instant land to the Plaintiffs, and notified the Defendant of the said transfer on August 29, 2016.

The above notification of transfer reached the defendant around that time.

G. The value of the instant land as of May 31, 2016, near the date of closing the argument in the instant case, is KRW 268,296,00.

[Based on recognition] Gap evidence Nos. 2, 4, 6 through 11, 13 through 15, Eul evidence Nos. 5, witness K's testimony, and the result of the court's entrustment of appraisal to the appraiser's of this court;

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