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(영문) 서울북부지방법원 2018.11.06 2018나34191

대여금

Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1...

Reasons

1. The following facts may be found in each entry in Gap evidence Nos. 1, 2, 6, and 11 (including branch numbers), either as a whole, without dispute between the parties, or as a whole to the purport of the entire pleadings.

C Around August 1985, the Co., Ltd. (hereinafter referred to as the “C”) started the new construction work of 7 E-Ba-dong 96, 196 households on the ground of 6,782.6m2, Seocheon-gu, Seocheon-gu, Seocheon-gu, Seocheon-gu, Seoul (hereinafter referred to as “C”) with the third floor above the ground level.

B. C around June 1986, the construction of the instant loan was suspended due to the failure to repay debts to the construction business operator, and the creditors of the construction cost who were to receive payment in lieu of the buyer and the construction cost were to complete the construction of the said loan.

C. Each household of the instant loan has been in unregistered state for a considerable period of time as the dispute over the instant loan continues, due to the entrustment of provisional disposition registration on March 7, 2011, each registration of ownership preservation was completed in C future.

On March 7, 2011, the defendant regularly borrowed KRW 20 million in C and repaid the above amount until May 16, 201, and the interest rate shall be set at 6% per annum.

“The loan certificate of this case (hereinafter “the loan certificate of this case”) was drawn up. E. On March 23, 2011, with respect to each real estate listed in the separate sheet (hereinafter “the real estate of this case”) among the loan of this case, the ownership transfer registration was completed as of March 9, 201 in the future of the Defendant on March 23, 201. F.C is between the Plaintiff and C on June 19, 2015, and “the Plaintiff and C” transfer to the Plaintiff all of the remainder of the purchase price claims that the Defendant did not receive from the Defendant and notify the Defendant of the transfer registration at the same time.

“A claim transfer and takeover contract is concluded, and a notice of claim transfer and takeover is given to the Defendant stating that the date prepared around that time is “ September 2015.”