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(영문) 서울남부지방법원 2015.04.28 2014가단42534
대여금 등
Text

1.(a)

The Defendants’ property, which was entered into on March 12, 2013 with respect to the real property listed in the [Attachment List No. 1] between the Defendants.

Reasons

1. Facts of recognition;

A. The Plaintiff’s claim against Defendant B (1) remitted KRW 4,300,000 on September 21, 2004 at Defendant B’s request, and around September 2005, the Plaintiff issued to Defendant B a deposit sheet of KRW 40,000 at par value, and transferred KRW 3,000,000 on March 24, 2006.

(2) When the Plaintiff demanded the return of the money given to Defendant B, the Defendant drafted a loan certificate to the Plaintiff on November 22, 201 that the Plaintiff would pay KRW 50 million to the Plaintiff up to June 30, 2012.

B. A division consultation among the Defendants, and Defendant B’s father D’s property status (1) died on March 12, 2013, and the two children, including Defendant C and Defendant B, jointly inherited D’s property. The above inheritors around that time entered into an agreement on division of inherited property (hereinafter “instant division agreement”) with the content that the real estate indicated in the attached list, which is active property D, is owned solely by Defendant C. The said agreement on division of inherited property (hereinafter “instant division agreement”). As to the real estate indicated in the attached list, the registration of each ownership transfer was completed in Defendant C on the grounds of inheritance by the division on March 12, 2013, under the receipt of the attached list No. 16860, Jul. 23, 2013.

(2) As of July 23, 2013, the market price of the land listed in Paragraph (1) of the Attached List (hereinafter “instant land”) as of July 23, 2013 is KRW 1,139,697,00, and the market price of the building listed in Paragraph (2) of the Attached List is KRW 71,021,629, and the market price of the building listed in Paragraph (3) of the Attached List is KRW 116,163,00.

As of December 30, 2014, the market price of the instant land as of December 30, 2014, is KRW 1,201,390,000, the market price of the building listed in attached Table 2, KRW 61,834,519, and the market price of the building listed in attached Table 3, as of December 30, 2014, KRW 112,290,90.

(3) As of the time of the instant split-off consultation, the creditor New Bank Co., Ltd. (former Cho Jae-Hy Bank Co., Ltd.) and the four collateral security (each collateral security is a joint collateral) with respect to the real estate listed in the separate sheet as at the time of the instant split-off consultation, respectively.

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