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(영문) 수원지방법원안양지원 2016.12.01 2016가단103987

청구이의

Text

1. Certificates drawn up by the law firm of the defendant against the plaintiff on July 23, 2012, No. 621.

Reasons

In fact, CHousing Reconstruction and Rearrangement Project Association (hereinafter referred to as the "Association") filed a lawsuit against Samdae General Construction Co., Ltd. (hereinafter referred to as the "Seoul General Construction") in order to implement the registration procedure for transfer of ownership due to the sale and purchase of land shares in the rearrangement project zone owned by Sam Tae General Construction (hereinafter referred to as the "land shares in this case") in accordance with the claim for sale against the court 201Gahap868.

A union won the case on August 26, 201 in the lawsuit brought by public notice, and the judgment became final and conclusive on September 15, 2011.

According to the above judgment, the Mutual Association completed the registration of ownership transfer as the receipt No. 15190 on June 28, 2012 with respect to the share of land in this case.

On July 23, 2012, the Cooperative entered into an agreement with the Defendant, D, E, and F (hereinafter “Defendant, etc.”) on the following terms and conditions:

(Law Firm, Law Firm, etc., No. 1872, 2012, hereinafter “First Agreement”). G (Union president), H, and Plaintiff jointly and severally guaranteed obligations under the first agreement.

The Cooperative shall purchase the real estate owned by the Defendant, etc. within the rearrangement project zone, and the remaining KRW 200 million out of the down payment 400 million shall be paid on the day, and the remaining KRW 200 million on the date of public announcement of project implementation authorization, respectively, and the Cooperative and Joint sureties (G, H, and Plaintiff) shall deliver a promissory note of KRW 200 million to the Defendant, etc.

In this Court 201Gahap6569 case [the case where the defendant, E, and F (hereinafter referred to as "three persons, including the defendant, etc.") seeks the registration of ownership transfer for part of the share in the land of this case against the third party including the defendant, etc.], in order to secure that the defendant, etc. will win the case, in addition to the above Promissory Notes, the partnership will issue a promissory note of KRW 200 million to the defendant, etc. in addition to the above Promissory Notes.

In accordance with the first agreement on July 23, 2012, the Mutual Association paid KRW 200 million to the Defendant, and the Mutual Association, G, H, and the Plaintiff paid KRW 200 million to the Defendant.