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(영문) 청주지방법원 2019.10.31 2018가합3226

약정금

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The Plaintiff is a person who runs the real estate authorized brokerage business under the trade name of “D Licensed Real Estate Agents,” and Nonparty C (hereinafter “debtor”) was established on January 11, 2002 and engaged in the real estate sale and purchase business and sale business. The Defendant is a company established on December 9, 2014 and engaged in real estate sale and sale business and sale business.

B. On November 16, 2005, the debtor company prepared to the plaintiff a certificate of loan equivalent to KRW 500 million as stated on June 16, 2006, and the above certificate of loan was stated as joint and several sureties by the representative director E of the debtor company at the time of the above certificate of loan.

In addition, on December 15, 2005, based on the above loan certificate, the debtor company prepared by a notary public the deed of debt repayment contract (quasi-loan for consumption) with the F Law Firm No. 6253 on the plaintiff on December 15, 2005, which was due and due, and E guaranteed it on June 16, 2006.

C. On November 24, 2005, the debtor company entered each real estate in the separate sheet from the GJ (the representative at the time, the plaintiff; hereinafter the "G clan") on the GJ on the attached sheet, and the Heung-gu L Forest as the first real estate in the attached sheet, Cheongju-gu, Chungcheongnam-gu, the first real estate in the attached list, "the first real estate in this case", and the Cheongju-gu, the second real estate in the annexed sheet No. 2, "the second real estate in this case", and the "each real estate in this case"

The shares of J land and K were purchased in total of KRW 420,000,000, the remainder amount of KRW 3,780,000,000, and the aggregate of KRW 4,200,000,000, and KRW 4,200,000,00,000, and the amount of KRW 1,012,00,000,000, and

The indication of real estate sales contract includes only each of the instant real estate and H land, but the parties seem to have been included in J land (which is divided into J land and U land) and K land in the sale subject to purchase and sale. However, due to title trust and inheritance problems of the said land, some of the shares are excluded from sale subject to sale, and some shares are subject to sale.