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(영문) 서울중앙지방법원 2016.01.22 2014가단5251337
구상금
Text

1. As to the Plaintiff’s joint and several liability amounting to KRW 137,224,989 and KRW 135,720,39, among the liability amount, Defendant A Partnership Corporation, B, C, and D.

Reasons

1. The facts in the separate sheet Nos. 1, 2, and 3 as to the common facts of claim are deemed to have been led to the confession that the Defendants did not clearly dispute the plaintiff's assertion, or the whole purport of the pleadings in the statement Nos. 1 through 5-5.

2. According to the facts of the above recognition of the Plaintiff’s claim against Defendant A Cooperatives, B, C, and D, the above Defendants are obligated to pay the Plaintiff the money set forth in paragraph (1) of this Article.

3. Plaintiff’s claim against Defendant E

A. The grounds for the plaintiff's claim are as shown in attached Form 4.

In short, Defendant E’s promise to sell and purchase real estate stated in the separate sheet as stated in the purport of the claim is a fraudulent act and thus, it constitutes a fraudulent act, and thus, seeks to cancel the provisional registration of the right to claim ownership transfer from the original state.

B. (1) If a security right is established on an object transferred by an obligor, the obligor’s joint collateral of the object is limited to the remaining portion of the object which remains after deducting the amount of the secured claim from the amount of the secured claim. If the amount of the secured claim exceeds the price of the object, the transfer of the object cannot be deemed a fraudulent act.

(2) At the time when Defendant E made a promise to sell and purchase the said real estate on June 25, 2014 between Defendant D and Defendant D, the provisional registration of F’s security (on January 11, 2010) and the maximum debt amount of the Korea Gyeyang Livestock Industry Cooperatives KRW 214,50,000 (on January 9, 2009), had already been completed prior to the registration of establishment of a mortgage (on December 9, 2009).

At the time of the promise to sell and purchase the above real estate, the secured claim of provisional registration is KRW 2.5 million and the secured claim of the right to collateral security was KRW 166,193,639, totaling KRW 464,500,000.

On the other hand, the market price at the time of the promise to sell and purchase the above real estate is 206,718,00 won, and the market price at the time of August 20, 2015 is 216,186,000 won, and the market price at present is 216,186,000 won.

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