(영문) 수원지방법원 2016.01.06 2015나21162

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(영문) 수원지방법원 2016.01.06 2015나21162

구상금

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1. The plaintiff's appeal and the claim extended in the trial are all dismissed.

2. The appeal costs and the claims in the trial.

Reasons

1. Basic facts

A. The Defendant as a party and C are married couple, and C owns the share of 8/10 of the 281m2 in Yeongdeungpo-gu, Suwon-si, Suwon-si, D, and 281m2 (hereinafter “instant land”). The Defendant is the owner of the share of 2/10 of the instant land, and the Plaintiff is the owner of the share of 3/10 of the instant land, and the Plaintiff is the owner of the share of 3/10 and the instant house.

B. Around August 27, 2013, the Defendant created a right to collateral security (hereinafter “instant loan”) with a loan of KRW 300 million from the Dongwon Saemaeul Community Depository (hereinafter “instant loan”). On August 29, 2013, the Defendant created a right to collateral security (hereinafter “right to collateral security”) with respect to the entire land of this case and the housing of this case.

C. 1) The Plaintiff owned the Plaintiff’s claim against C. However, on December 10, 2013, the Plaintiff and C agreed to pay the Plaintiff the full amount of the Plaintiff’s obligation by December 15, 2013, and sell the instant land and housing to the Plaintiff at KRW 1.3 billion, and the said agreement (hereinafter “instant agreement”).

The main contents of the Committee shall be as follows:

(1) The purchase price of one billion won shall be 668,200,000 won for the price of a building, and 8/10 of the price of a building owned by C, and 668,20,000 won for the price of a building.

(2) Of the down payment of KRW 260 million, KRW 240 million shall be substituted by C with the repayment of the Plaintiff’s obligation, and the remainder of KRW 20 million shall be substituted by C’s lease deposit.

The plaintiff shall lease 401 housing units of this case to C in a deposit of KRW 20 million, monthly rent of KRW 600,000.

③ The remainder of KRW 1,00,000 shall be replaced by succeeding the Plaintiff’s loan of KRW 670 million and the lease deposit of the instant housing amount of KRW 370,000,000,000. However, C shall implement the procedure for ownership transfer registration to the Plaintiff simultaneously with the receipt of the purchase price.

④ The Defendant’s share in the instant land is Plaintiff C by the end of December, 2013.

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