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(영문) 수원지방법원안양지원 2014.12.16 2014가단15505

차용금

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. Relevant Defendant was the owner of 201 Dong-dong 201 among multi-household houses with 12 households on the Gangnam-gu Seoul Metropolitan Government ground (hereinafter “multi-household houses in this case”), and the Plaintiff also acquired the ownership of the last six household out of the apartment houses in its own name.

B. Re-building consultation and the existence of the instant agreement 1) Of the original Defendant and the instant multi-household housing, the owners of the remaining households among the instant multi-household housing are to remove the said multi-household housing and to make the apartment on the ground thereof (hereinafter “instant apartment”).

(1) reconstruction to newly build (hereinafter referred to as “building of this case”)

(2) In the course of the above rebuilding consultation, the Defendant agreed with the Plaintiff on November 19, 2009 on the condition that the Plaintiff participated in the application for permission for new construction of the instant apartment (hereinafter “instant agreement”) and the main contents thereof are as follows.

1. The Plaintiff (Plaintiff) shall pay KRW 100 million to the Defendant’s debt amount to B in order to support the cancellation of KRW 225 million (the Defendant) which is the maximum amount of the claim listed on the register (mortgage No. 5) with the Defendant’s debt amount. (The Plaintiff shall be paid KRW 110 million to B in order to support the cancellation by agreement with the obligee C or the cancellation by action).

2. Eul shall agree with Gap to borrow 40 million won out of the funds provided to Gap, and shall be repaid with loans borrowed from financial institutions after completing preservation registration upon completion of the above apartment building.

The remaining KRW 70 million shall not be a waiver of and a claim for return by Gap, and shall not be a civil or criminal action under any pretext.

3. On the completion of the construction of an apartment, A shall preferentially sell it to the royalty floor (the fiveth floor and the sixth unit household) as stipulated in the application for construction permission attached to B.