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(영문) 서울동부지방법원 2019.06.13 2018가합108986

기타(금전)

Text

1. The instant lawsuit shall be dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On June 13, 2007, between the Plaintiff and C, the Plaintiff entered into a real estate exchange contract between the Plaintiff and C with each real estate listed in the separate sheet owned by the Plaintiff (hereinafter “instant real estate”, and the parcel number shall be specified in the case of individual real estate) and the number of lots of land located in Chungcheongnam-si, Chungcheongnam-si, Seoul, and the Fri-gun, Chungcheongnam-do, the Republic of Korea, including the land owned or held by C, and the land owned or held by C. The Plaintiff entered into a real estate exchange contract (hereinafter “instant exchange contract”) with a special agreement setting forth below.

1. A [Plaintiff] shall pay 150,000,000 won to B [C] immediately with the secured debt of the right to collateral security (right to collateral security (right to collateral security (right to collateral security) indicated on A’s real property (right to collateral security (right to collateral security)

2.A shall borrow and pay to B 150,000,000 won on the security of B’s D house.

3. A is responsible for and granted permission to use road for real estate A.

4. B is responsible for all legal problems of provisional attachment and provisional disposition in D houses.

(Provided, That on the first floor of a non-violationed building, A is liable for the same. 5. Eul is responsible for the collateral security, provisional disposition, provisional seizure, etc. for Egy land and deal with it until the balance is paid.

B. The Plaintiff intended to obtain a loan of KRW 150,000,000 as security in accordance with the terms and conditions set forth in the above special agreement, but did not receive a loan secured by D housing due to various circumstances.

Accordingly, the Plaintiff and C provided the instant real estate as security to the Defendant, and the Plaintiff borrowed KRW 150,000,000 from the Defendant (i.e., KRW 150,000,000,000, which the Plaintiff agreed to pay to C) and KRW 80,000,000, respectively.

(2) On July 2, 2007, the Plaintiff and C had prepared and delivered to the Defendant a certificate of borrowing with the following contents, and the instant real estate for the purpose of securing the obligation of borrowing funds.