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(영문) 부산지방법원 2019.10.10 2019가합41788

청구이의

Text

The plaintiff's claim is dismissed.

Litigation costs shall be borne by the plaintiff.

Reasons

Basic Facts

A. around August 5, 2016, the Defendant’s loan relationship 1) between the Defendant and D, the actual owner of the Plaintiff, and the Ftel that the Defendant intends to construct D to D on the ground of Busan Dong-gu, Busan (hereinafter “instant building”).

(2) On September 3, 2017, D lent KRW 200 million to the Defendant by September 3, 2017, and D entered into a contract for transfer security with the purport that it would pay KRW 260 million to the Defendant and deliver the certificate of sale of Htel 1 located in Busan-gu, Busan-gu, Busan-gu, as a collateral for the said payment. (2) Accordingly, on August 5, 2016, the Defendant leased KRW 190 million after deducting KRW 10 million from the pre-paid interest from D (hereinafter “instant loan”). D issued the certificate of sale of office 1 located in the said G G-gu office as collateral.

B. On or around December 8, 2017, the Plaintiff acquired the instant loan obligations against D’s Defendant on or around December 8, 2017, and the Plaintiff entered into a transfer security agreement on the instant building J (hereinafter “instant transfer security agreement”).

(1) The Plaintiff and the “Buyer” respectively refer to the Defendant under the instant security agreement as follows (the “seller” under the instant security agreement).

24.16 py of the area of sale in Busan Dong-gu E, Busan, where real estate is indicated in the contract for transfer security;

2. The goods sold in lots under the terms of the contract shall be transferred to the buyer the right to sell the real estate in lots instead of paying 224,860,000 won which is held in respect of the money loan contract concluded with the buyer;

Matters of special agreement

4. The balance date may be changed upon mutual agreement.

7. The buyer shall deliver all the documents required for the transfer of ownership at the time of any balance and follow the registration procedure.

10. This Agreement is for the repayment of obligations to G materials and H building I in 2016.

11.As regards the fourth floor (Jho), full payment shall be made at the same time as the sale in lots.

(Provided, That if a joint loan takes place, it shall be paid in advance as much as the amount of the loan to J.).