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(영문) 의정부지방법원 2017.09.22 2016가합56967
손해배상청구
Text

1. The plaintiffs' claims against the defendants are all dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. The plaintiffs are legal successors of H. The plaintiffs.

B. The Defendant F, an incorporated association, (hereinafter “Defendant F”), donated I forest land 265,385 square meters (hereinafter “instant real estate”) from H on May 9, 1984, and completed the registration of ownership transfer on May 11, 1984, and on November 20, 2007, established a right to collateral security (hereinafter “instant right to collateral security”) with respect to the instant real estate in the name of Defendant G church (hereinafter “Defendant church”).

C. As H died on December 1, 2010, the Plaintiffs won the entire lawsuit against the Defendants, etc. by filing a lawsuit claiming the return of forced portions with the District Court 201Kahap7519.

The Defendants appealed therefrom, and on June 12, 2014, from Seoul High Court, the Defendants (Seoul High Court 822/14,000 shares of each of the instant real estate) rendered a judgment, which included the following: (a) the Defendant’s missionary officer took procedures for the registration of ownership transfer due to the return of legal reserve on July 8, 2011; and (b) the Defendant church was sentenced to the judgment (2012Na69427; hereinafter “related case judgment”).

Therefore, the Defendants appealed, but the Supreme Court rendered a judgment dismissing the appeal (2014Da215512) on July 29, 2016, and the judgment of related cases became final and conclusive as it is.

With respect to the claim on the mortgage of this case, the amount of claim 350,000,000 won due to the contract made on October 15, 2013, and the right of pledge was established by creditor J, and ② the amount of claim 800,000,000 won by the Seoul Eastern District Court (2013Kadan937) on January 2, 2014, and the provisional attachment registration by creditor National Federation of National Federation was completed, and ③ the provisional attachment registration by creditor was completed on October 19, 2015 (2015Kadan2015666) and the provisional attachment registration by creditor Korea Asset Management Corporation was completed.

The Korea Asset Management Corporation shall be the same.

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