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(영문) 서울동부지방법원 2015.02.05 2014가단8296
건물명도 등
Text

1. The Defendants deliver to the Plaintiff the real estate indicated in the attached list.

2. The costs of lawsuit are assessed against the Defendants.

3.

Reasons

1. Basic facts

A. The Plaintiff is a person who lent money to the Defendants, and the Defendants are married couple.

B. The Defendants borrowed money from Nonparty D on October 2004, and as a security, completed the registration of the right to claim ownership transfer on October 29, 2004 as Seoul Eastern District Court No. 102848, Songdong District Court No. 102848, Oct. 29, 2004, with respect to the real estate listed in the separate sheet (hereinafter “instant real estate”) owned by Defendant B (hereinafter “instant real estate”).

C. On November 26, 2008, the Defendants borrowed KRW 45,000,000 from the Plaintiff and repaid the above loan obligation to D, and caused D to transfer the above provisional registration in the name of D to the Plaintiff, and the registration of transfer of ownership transfer claim under the Plaintiff’s name was completed as of November 27, 2008 by the receipt No. 93020 on November 27, 2008.

(hereinafter referred to as “the provisional registration of this case”) d. the provisional registration under the Plaintiff’s name, including the above additional registration.

From January 17, 2012, the Defendants borrowed money from the Plaintiff on several occasions under the name of living expenses, etc.

E. On January 4, 2011, the Plaintiff completed the principal registration of transfer of ownership based on the above provisional registration (hereinafter “instant principal registration”) under Article 388 of the same registry office with respect to the instant real estate.

F. Meanwhile, as to the instant real estate on September 25, 2003 by the same registry office, the registration of creation of a mortgage was completed on the maximum debt amount of KRW 97,500,000, and on the part of the debtor B and the Korea Exchange Bank, Korea Stock Exchange Co., Ltd. as to the instant real estate, the Plaintiff revoked the registration of establishment of a mortgage on March 30, 201, following the completion of the principal registration of this case.

G. The Plaintiff is a preparatory document dated July 8, 2014, and the value of the instant real estate was KRW 340,000,000. The Defendant’s obligation to pay the principal and interest of the loan to the Plaintiff until July 8, 2014 = KRW 383,323,891 = Principal KRW 192,050,00 until July 8, 2014.

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