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(영문) 서울동부지방법원 2016.06.22 2015가합101335
소유권이전등기
Text

1. The plaintiff's claim is dismissed.

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

Reasons

Basic Facts

From February 15, 2001 to April 23, 2007, the Plaintiff entered into a credit guarantee agreement to guarantee the obligation of Samsung Electronic Co., Ltd. D (hereinafter referred to as “D”) and the obligation of repayment of loans owed to Samsung Electronic Co., Ltd. (hereinafter referred to as “Seoul Electronic Co., Ltd.”) on several occasions, and the Defendant’s husband, B, as the Defendant’s husband, jointly and severally guaranteed the obligation of D under the respective guarantee agreement.

Since the Plaintiff lost the benefit of time due to the Plaintiff’s failure to repay each obligation to Samsung Electronic and us Bank on June 4, 2008, the Plaintiff filed a suit on the claim of Samsung Electronic and us with the Seoul Central District Court No. 2009Gahap54831, Nov. 26, 2009 against D and us, and filed a suit on the claim of indemnity amount, etc. from the above court on Nov. 26, 2009 with the above court “D, B, etc. jointly and severally and severally with the Plaintiff for KRW 872,094,88 and 379,293,98 among them, from July 31, 2008 to 492,79,431 won, from August 27, 2008 to November 3, 2009, and from November 15, 2009, the judgment below became final and conclusive as it is.”

Accordingly, as of September 19, 2014, the Plaintiff has a claim for indemnity amounting to KRW 881,796,601 (i.e., the principal amount of KRW 379,293,998 Won 492,79,431 in the judgment above, and KRW 6,542 in the amount of KRW 9,69,630 in advance).

On the other hand, B on July 19, 199, "E apartment Nos. 407, 201, 201, Gangdong-gu Seoul Metropolitan Government E apartment."

B purchased KRW 15 million and completed the registration of ownership transfer on August 20, 199. E apartment was revoked on July 27, 2001 due to termination, respectively, the right to collateral security of KRW 9,200,000,000 for each maximum debt amount prior to the date of the above sale contract, and thereafter, B becomes the debtor on September 20, 199.

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