(영문) 수원지방법원 2019.11.07 2019나68862

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(영문) 수원지방법원 2019.11.07 2019나68862

금전청구의 소

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1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Basic facts of the request;

A. (1) The Plaintiff newly built multi-household housing (hereinafter “instant building”) on the ground of the king City D with the her mother’s delegation. On July 28, 2015, on the instant building, the Plaintiff completed the registration of initial ownership as to E, F, G, H, and I (hereinafter “each of the instant units”) among the instant units, E, F, H, and I (hereinafter “instant units”).

(2) On August 11, 2015, the Plaintiff: (a) delegated by C for the purpose of selling the instant building in lots; (b) sold 7 households out of the instant building (including each of the instant units) at KRW 1.7 billion to J; (c) before the completion of the said payment, the Plaintiff proceed to lease or trade with respect to the said 7 households; and (d) if any money exceeding the said amount is incurred due to the said lease or sale, the amount in excess shall be paid to J; and (c) the J concluded a sales contract with the J that the Plaintiff shall endeavor to pay the amount to the Plaintiff by leasing all the households within three months (hereinafter “instant first sales contract”). On November 3, 2015, the registration of ownership transfer was completed in the future with respect to each of the units of this case.

B. On July 28, 2015, with C’s delegation, the Plaintiff created the right to collateral security (hereinafter “instant right to collateral security”) with respect to the provision of the instant building F, one hundred and sixty eight million won with the maximum debt amount, and one hundred and sixty eight million won with C, the debtor C, and the R&D association, as the right to collateral security (hereinafter “instant right to collateral security”).

(2) As to the instant building E and F on January 26, 2016, J created a joint collateral security of KRW 150 million with the maximum debt amount, KRW 150 million with respect to the instant building E and F, the Plaintiff, the mortgagee, and the mortgagee Co., Ltd. on the grounds of partial renunciation on March 7, 2016, and the said collateral security right remains only part concerning the F.

(3) As to the instant building G, H, and I on February 16, 2016.

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