logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 부산지방법원 2016.06.14 2014가단58883 (1)
보증채무이행 등
Text

1. The plaintiff

A. Defendant F is a single-story house with 35 square meters in Seo-gu Busan, Seo-gu and its ground block structure, and 26.

Reasons

1. Basic facts

A. On July 17, 2013, the Plaintiff, holding the claim KRW 150 million against H, was reimbursed KRW 50 million and the remainder of KRW 100 million was agreed upon with the Defendants and I as follows.

(1) The Plaintiff was assigned the provisional registration of K’s right to claim ownership transfer against the second floor of the J building No. 205 of the 2nd floor of the Geum-gu Busan District, Busan, which is owned by the Plaintiff, and registered the right to claim ownership transfer with respect to the Busan, Seo-gu, Busan, and the 35m20m2 of the block structure and the 26.20m20m2 of the ground block structure owned by Defendant F (hereinafter “each real estate of this case”).

(2) If the Plaintiff is unable to receive the above KRW 100 million until October 10, 2013, I and Defendant FF may not raise an objection to the implementation of the principal registration procedure with respect to each of the above provisional registrations.

(3) Defendant B pays KRW 100 million to the Plaintiff in installments at the end of each month, and Defendant D and C stand the joint and several liability.

The plaintiff's provisional registration or principal registration of each demonstration shall be cancelled to receive full payment of KRW 100 million.

B. Around July 18, 2013, the Plaintiff received the registration of K’s provisional transfer of ownership transfer claim. On July 17, 2013, the Plaintiff made a provisional registration under Article 23358 of the Busan District Court’s Busan District Court’s receipt of the registration office on July 18, 2013 for each of the instant real estate.

C. The Plaintiff was paid KRW 11,00,000 in total on seven occasions from August 2013 to May 1, 2014 by Defendant B, etc.

In an auction procedure for real estate owned by I, the Plaintiff received dividends of KRW 12,788,717 on December 30, 2015 as a provisional registration authority.

E. The current value of each of the instant real property is KRW 18,000,000.

[Ground of recognition] Evidence No. 6, Evidence No. 7-1, 2, Gap, 8, 9, and 10, the whole purport of the pleading

2. Determination

A. According to the facts of the above recognition of the claim against Defendant F, the Plaintiff was not repaid the above KRW 100 million until October 10, 2013, and accordingly, Defendant F was not repaid to the Plaintiff on July 2013, 2013.

arrow