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(영문) 수원지방법원성남지원 2019.04.19 2018가합912
구상금
Text

1. Defendant C: (a) to the extent of the property inherited from the network E, the amount of KRW 300,000,000, and the amount of KRW 300,000.

Reasons

1. Facts of recognition;

A. 1) The obligee is F and the obligor E and the Plaintiff is a joint and several surety (hereinafter “the loan certificate of this case”).

(B) Around May 29, 2008, this was drawn up by the time of May 29, 2008, and the contents are as follows: The principal of Article 1 of the loan certificate shall be repaid by November 28, 2008 by the clerk (Provided, That the period may be extended according to the circumstances and conditions):

(2) If the debtor fails to repay the property by the due date under Article 2, no objection may be raised even at the auction of the mortgaged property immediately. The interest of Article 3 shall be paid first by 2.5% per month, and even once the interest has been paid, if the payment has been in arrears, or when the debtor has received a provisional attachment and provisional attachment due to other debts, he/she shall lose the benefit of the time and may not raise an objection even if the principal and interest have been claimed at once. (Provided, That where the interest has been in arrears, it shall

The debtor consents when changing the creditor.

Provided, however, in the event of arrears for not less than two months with interest, provisional attachment is made on B real estate which is a joint and several surety. This lawsuit is to be made by the court having jurisdiction over the obligee’s domicile. On May 29, 2008, the clerk E-mortgage 2) The column for joint and several surety of the loan certificate of this case includes the Plaintiff’s name prior to the Plaintiff’s name, and the Plaintiff’s seal is affixed next thereto.

B. At the time of the preparation of the loan certificate in this case, the Plaintiff was divided into L with a portion of 77 square meters out of the above land on December 21, 2017, after the 853 square meters in the wife G miscellaneous land at the time of the Plaintiff’s entry into the loan certificate, and the same day’s land category was changed to a building site. The Plaintiff’s 1/2 shares (hereinafter “instant 1 real estate”).

A) 1/2 shares of H miscellaneous land 504m2 (hereinafter “instant 2 real estate”)

(3) In the case of the instant real estate, each of the instant real estate is referred to as “each of the instant real estate” and “each of the instant real estate” in the context of the instant real estate.

(2) E’s creditor F was owned on the first and third real estate of this case.

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