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(영문) 창원지방법원 2018.01.18 2017가합377

청구이의

Text

1. The instant lawsuit shall be dismissed.

2. On June 27, 2017, this Court rendered an application for the suspension of compulsory execution No. 2016, Jun. 27, 2017

Reasons

1. Basic facts

A. On December 2014, C purchased approximately KRW 1170,00,00 from the window E, F, G, H, and I’s land at KRW 380,00,00 (hereinafter “J”) from D with the authority delegated by the owner of each piece of land, and paid KRW 1.1 billion out of the purchase price, upon obtaining D’s consent, C completed the registration of ownership transfer in the name of K, L, M, N’s land approximately 100,00 (hereinafter “O”) under the name of P, a group of land owners of C, and used the said money as part of the purchase price of the said KRW 1.1 billion, after obtaining loans from the GF (hereinafter “AF”) as security.

B. On December 9, 2014, the Plaintiff, who was in a de facto marital relationship with C, entered into an agreement with D on December 9, 2014 to pay KRW 500 million to the Defendant, who is the wife of D, completed the construction of J andO within two months, and complete the registration of ownership transfer in the name of the Defendant, and completed the registration of ownership transfer in the name of the O. ② confirm that the land purchase price was not paid, and ③ jointly and severally with C, agreed to pay the loan amount of KRW 70 million from the SP (hereinafter “instant agreement”).

C. However, C and the Plaintiff did not perform their obligations under the instant agreement for the lapse of two months, and D and the Defendant promised to pay KRW 70 million for the unpaid land sale price, to repay KRW 500 million for the loan to the macro-cooperative, and to complete the registration of ownership transfer under the Defendant’s name as to theO. On July 7, 2015, C and C prepared to the Defendant as the Defendant, as the Defendant, a loan certificate of KRW 500 million for the loan amount of KRW 500 million for the joint guarantor as the Plaintiff, and a loan certificate of KRW 70 million for the loan amount of KRW 70 million for the Plaintiff (hereinafter “the loan certificate in this case”). However, the part of the loan certificate in the Plaintiff’s name was arbitrarily prepared without the Plaintiff’s permission.

The defendant completed the registration of ownership transfer of O and H land on September 1, 2015, but on H land.