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(영문) 서울중앙지방법원 2015.01.16 2013가합554178 (2)
구상금 등
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' claims for preservation are as shown in the attached Form.

B. B’s dispositive act (i.e., the instant real estate) around October 17, 2012 through around 19, Defendant A purchased 1-10 real estate listed in the [Attachment List (the sequence is specified, and the combination thereof is hereinafter referred to as the “real estate of this case”) from B in KRW 2.4 billion, and once taking into account real estate development, possibility of resale, etc. into account, Defendant A completed the registration of trust with the Bank, a lending bank, the lending bank, the beneficiary, etc., as well as on October 19, 2012. On October 1, 2012, Defendant A obtained a loan of KRW 2.2 billion from the Sejong Savings Bank as collateral, and paid KRW 2.

(C) The amount of KRW 150,00,00,00 in the D’s account, and KRW 95,927,904 in the B’s account, shall be remitted, and KRW 35,00,00 in the B’s account). The trust registration was completed on October 19, 2012 with regard to KRW 1-6 real estate by the trustee Asian Trust Co., Ltd., and beneficiary tax savings bank.

As stated in the claim on June 11, 2013, the registration of ownership transfer was completed in Defendant A with respect to real estate 7-10.

Article 22(1) of the Civil Act provides that the registration of ownership transfer shall be completed on August 5, 2013, when Defendant A borrowed KRW 1.9 billion from Defendant Suwon Saemaeul Community Fund (hereinafter “Defendant Association”) to repay KRW 2.2 billion, and the registration of ownership transfer was completed on the ground of the reversion of rights in the name of Defendant A’s spouse. On the same day, the registration of ownership transfer has been completed on August 5, 2013, and the registration of ownership transfer was completed on the entire real estate of this case for the guarantee of the obligation to pay loans to Defendant Association.

C. (i) around October 2012 and around June 2013, Defendant B had positive property such as the instant real estate and the F apartment No. 103 Dong1506, etc. However, as seen earlier, Defendant B’s debt against the Plaintiffs.

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