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(영문) 대전지방법원 2015.06.09 2014나8422 (1)

대여금

Text

1. The defendant's appeal is dismissed.

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

3. The correction of the purport of the claim in the trial.

Reasons

1. Basic facts

A. C and the Defendant on March 14, 2013 entered into an exchange contract between March 14, 2013, 1) C and the Defendant on March 14, 2013: (a) 1,045 square meters and D 2,737 square meters (hereinafter “astronomical land”) between the Defendant and the Defendant on March 14, 2013.

(2) Each real estate listed in the separate sheet owned by the Defendant (hereinafter “NE”) shall be “F land” (hereinafter “F land”). The real estate listed in paragraph (1) of the separate sheet was originally 19,071 square meters, but its size was 14,387 square meters among which it was subject to exchange) and the “19,071 square meters of forest land in FY-gun, Namnam-gun, Seoul Special Metropolitan City,” which was prior to the subdivision of the real estate listed in paragraph (

A) Exchange shall be made with 420,000,000 won at the market price, and 200,000,000,000 won at the value of the land in Antarctica, and 190,000,000 won at the difference of 220,00,000,000 won at the rate of 190,000,000 won at the rate of 190,000,000 won for the secured debt amount of the right to collateral security established on the ground of astronomic, and the remainder of 30,00,000 won shall be agreed to be paid by the Defendant to G to the agent of C (hereinafter “instant exchange contract”).

(2) On the same day, the Defendant and C paid KRW 30,00,000 to G. (2) At the time of the above exchange contract, the Defendant and C completed the registration of ownership transfer with respect to the ceiling land to H designated by the Defendant as the Defendant’s Chok, and the Defendant agreed to complete the registration of ownership transfer with respect to the Plaintiff, who purchased west real estate from C, for the amount of KRW 85,00,000,00. However, since the F land size at the time is 19,071 square meters, the Defendant agreed to complete the registration of ownership transfer with respect to the Plaintiff on April 30, 2014 regarding the 14,387 square meters among them.

B. On March 20, 2013, C entered into a sales contract with H on March 20, 2013, in order to complete the registration of ownership transfer of a astronomical land to H designated by the Defendant according to the instant exchange contract, C entered into a sales contract with H on March 20, 2013 (the foregoing sales contract was entered into by G with H and the Plaintiff’s agent, as follows:

(b)..