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(영문) 서울동부지방법원 2016.09.02 2015가합108084
손해배상금 등 청구의 소
Text

1. Defendant B: (a) on July 17, 2014, with respect to each real estate listed in the separate sheet to the Plaintiff.

Reasons

1. Determination as to the claim against Defendant B and D

A. (1) On May 26, 2014, the Plaintiff entered into a sales contract with Defendant B with regard to each of the real estate listed in the separate sheet (hereinafter “instant real estate”) with KRW 1 billion (hereinafter “instant sales contract”). On July 17, 2014, the Plaintiff believed that the Defendants would receive a loan and pay the purchase price, and completed the registration of ownership transfer under Defendant B’s name on July 17, 2014.

(2) On July 17, 2014, the Defendants established the right to collateral security of KRW 195 million with respect to E, which completed the registration of ownership transfer under Defendant B’s name, on July 30, 2014, the Defendants established the right to collateral security of KRW 775 billion with the maximum debt amount, and cancelled the registration of the establishment of the right to collateral security of KRW 45 million with respect to the same orchard Credit Union on July 30, 2014. The Defendants established the right to collateral security of KRW 75 million with respect to F on September 24, 2014.

In addition, around February 10, 2015, the registration of provisional seizure of KRW 17,935,257 was completed from the Seoul Guarantee Insurance Co., Ltd. to Defendant B with the amount claimed by the debtor from Defendant B.

(3) The Defendants, despite having received the instant real estate as collateral, only paid the Plaintiff a total of KRW 40 million on July 18, 2014, and KRW 80 million on August 4, 2014, and did not pay the remainder of the sales price. On January 30, 2015, the Defendants rescinded the instant sales contract by mutual agreement with Defendant B.

(4) Therefore, Defendant B is obligated to implement the registration procedure for cancellation of ownership transfer registration under Paragraph (1) of the Disposition that completed with respect to the instant real estate as the restitution following the cancellation of the instant sales contract.

(5) Meanwhile, the exchange value of the instant real estate is equivalent to one billion won, which is the sales price of the instant real estate. The registration of collateral security and provisional seizure was completed as in the instant real estate as in paragraph (2) of the said Article, and the Suwon District Court in the process of voluntary auction upon the execution of the collateral security by the Suwon Credit Cooperatives.

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