추심금
1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
The purport of the claim and appeal is the purport of the appeal.
1. Basic facts
A. As the original Defendant, D and C were middle school students, the relationship between C and C had a debt owed to the remaining three persons. Of the remaining property of C, C secured a right, but was not developed due to a lack of development costs (hereinafter “the mining right of this case”). On October 29, 2008, joint mining right holders registered in the above four persons’ names were completed.
B. On April 201, the Plaintiff, D, and C agreed with the Defendant to register the instant mining right under the Defendant’s sole name, and voluntarily withdrawn from the instant mining right on April 13, 201, and accordingly, the Defendant was registered as the sole mining right holder of the instant mining right.
around that time, the Defendant made up for each of April 12, 201, stating that “I will pay KRW 150 million for the instant mining right until April 22, 2011 (the date can be changed): Provided, That upon registering one person recommended by C by C by the above date, I will terminate the purchase price.”
C. Thereafter, as to the instant mining right, E was additionally registered as a mining right holder on June 2, 201, and on May 23, 2012, H was registered as a joint mining right holder with the Defendant and E, and on November 29, 2013, E and H voluntarily withdrawn from the instant mining right, and on March 25, 2014, the mining right became extinct due to the cancellation of the mining right.
(A) No. 13. D.
On the other hand, C borrowed KRW 150 million from the Plaintiff in 2009 and prepared and executed a notarial deed of debt repayment contract (No. 1721, 2009) to the Plaintiff. However, on the basis of the above notarial deed, the Plaintiff filed a claim attachment and collection order with the Daegu District Court-dong Branch 2013TTTT125 on the basis of the above notarial deed, and filed a claim attachment and collection order with C on January 23, 2013 from the above notarial deed.