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(영문) 수원지방법원안산지원 2020.09.09 2019가단69530
구상금
Text

1. The defendant shall pay to the plaintiff KRW 39,00,000 as well as 5% per annum from September 5, 2019 to September 9, 2020 and from the next day.

Reasons

1. Basic facts

A. On September 1, 2011, the Defendant completed the registration of transfer of ownership as the receipt No. 69490, Oct. 18, 201, with respect to Suwon District Court’s Ansan District Court’s Ansan-si apartment D (hereinafter “instant apartment”) on the ground of sale on September 1, 201.

B. On October 18, 2011, the Defendant completed the registration of the establishment of a mortgage on the instant apartment as the Defendant and the Defendant’s maximum debt amount of KRW 118,800,000 with respect to the instant apartment on October 18, 201 (E) (hereinafter “E”). In order to support the Ansan District Court’s Ansan Branch, the registration office of the establishment of a mortgage was completed as of October 18, 201 as of the receipt of No.

E on February 2, 2012, the Korea Housing Finance Corporation transferred the right to collateral security to the Korea Housing Finance Corporation, and the supplementary registration of the right to collateral security was completed on August 20, 2012 at the same registry office.

C. On October 18, 2011, the Plaintiff completed a provisional registration with respect to the instant apartment from the Defendant on October 18, 201, for the purpose of preserving the right to claim ownership transfer under the receipt of No. 69492, Oct. 18, 201, for the purpose of preserving the right to claim ownership transfer on the ground of trade reservation on October 18, 201.

On August 11, 2015, F Co., Ltd. (hereinafter “F”) completed the provisional attachment registration of the instant apartment as KRW 45,172,790 on August 12, 2015, subject to the Suwon District Court Decision 2015Kadan2054 on the provisional attachment of real estate by the Suwon District Court on August 12, 2015.

E. On June 20, 2016, H had completed the registration of ownership transfer on the ground of sale due to voluntary auction on the instant apartment on June 20, 2016, and the distribution procedure was commenced as to KRW 143,002,244, which deducted the execution cost from the above sale price.

On July 19, 2016, the said court prepared a distribution schedule that the Korea Housing Finance Corporation received KRW 106,711,737 as a mortgagee, and F received KRW 36,166,907 as a person holding provisional attachment, respectively, as a person holding provisional attachment on the date of distribution of the said auction case.

F. The plaintiff appeared on the date of the above distribution and 13,833.

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