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(영문) 서울중앙지방법원 2019.09.20 2018가합540372
약정금
Text

1. The plaintiff's lawsuit against the defendants is dismissed in entirety.

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

Reasons

1. Basic facts

A. 1) The Plaintiff (former Mutual Co., Ltd.) is E’s creditor. 2) The Plaintiff married with the network F, resulting in G, H, I, J, and Defendant B, and the Defendant B married with the Defendant C.

(The defendants are married couple).

1) Co-ownership of each real estate of this case 1) The network F, H, K, and the Defendants are each real estate listed in the separate sheet on June 28, 2002 (hereinafter “each real estate of this case”).

(2) On July 7, 2005, on each of the real estates of this case, the deceased F, on June 10, 2002, has completed a share transfer registration based on the gift on July 7, 2005, and E, on September 14, 2005, completed the share transfer registration based on the gift on July 7, 2005.

C. 1) E’s loan and establishment of a right to collateral security (1) on June 15, 2012, L Co., Ltd. (hereinafter “L”).

On the same day, upon borrowing KRW 500 million from L, E completed the registration of creation of a mortgage on one’s share of each of the instant real estate, consisting of the mortgagee L, E, and the maximum debt amount of KRW 750 million. 2) E loaned KRW 100 million from L on July 3, 2012, and on July 4, 2012, E completed the registration of creation of a mortgage on one’s share of each of the instant real estate, with respect to each of the instant real estate as to the share of the mortgagee L, E, the debtor, and the maximum debt amount of KRW 150 million.

(hereinafter) Each of the above loans is “each of the instant loans,” and each of the above collateral security rights is “each of the instant collective security interests.”

The Plaintiff acquired each of the instant loans on December 12, 2012, transferred each of the instant loans to the Plaintiff, and completed the additional registration of each of the instant mortgages, and notified E of the said assignment of loans.

E. On January 24, 2013, the instant agreement E continued disputes over each of the instant real estate, etc. between the children, the Defendants, and agreed on each of the instant real estate, etc. (hereinafter “instant agreement”), and the part relating to the instant case.

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