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(영문) 서울중앙지방법원 2019.01.15 2018가단5059621
소유권이전등기
Text

1. The defendant shall not only receive KRW 200 million from the plaintiff, but also indicate the attached real estate in attached Form 1 to the plaintiff.

Reasons

The cause of the instant claim is as indicated in the separate sheet No. 2 and the separate sheet No. 3. The Defendant asserts that the market value of the instant real estate should be the price that includes development gains, and the amount to be deducted from the market value should be limited to the amount of actual debt, not to the maximum debt amount. However, according to the appraiser’s appraisal, the market value of the instant real estate should be limited to 26.6 million won, which includes the development gains anticipated to be incurred from the reconstruction project. In addition, the Defendant merely asserts that limiting the amount of actual debt, but did not prove that the actual secured debt amount determined within the limit of the maximum debt amount of the right to collateral security within the limit of 6.6 million won.

Therefore, we decide to accept the plaintiff's claim and it is so decided as per Disposition.

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