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(영문) 부산지방법원 2017.08.11 2016가단321332

기타(금전)

Text

The plaintiff's claim is dismissed.

Litigation costs shall be borne by the plaintiff.

Reasons

Basic Facts

The plaintiff and the defendant shall attach the details of the purchase and agreement of the original defendant's real estate from the bankrupt Yang Industrial Credit Union.

1. On February 26, 2004, each of the real estate listed in the list (hereinafter “instant real estate”) purchased, and subsequently sold and made profits therefrom using remaining equipment. The instant real estate was jointly purchased on February 26, 2004 and completed the registration of ownership transfer by one-half shares.

Of the funds necessary for the purchase of the instant real estate, KRW 500,000,000 won was loaned from the Yeongdeungpo-gu Agricultural Cooperative (the name was changed to that of the North Korean Agricultural Cooperative; hereinafter referred to as the “North Korean Agricultural Cooperative”), and the remainder was borne by the Defendant.

The defendant borne interest on the above loans to the North Busan Agricultural Cooperatives, and paid 501,479,452 won to the principal and interest of loans on November 11, 2004.

The plaintiff did not cancel the right to collateral security, which was established in the Agricultural Cooperatives of the Republic of Korea at the time of the above loan, and used 300 million won by borrowing 30 million won from the Agricultural Cooperatives of the Republic of Korea at the end of November 2004.

On November 2009, the defendant was notified of the fact that interest on the above KRW 300 million loan will be overdue, and that he would take legal measures. The defendant was aware of the plaintiff's loan.

Upon the Defendant’s protesting against the above loan facts, on December 4, 2009, the Plaintiff prepared a written agreement with the Defendant (hereinafter “instant agreement”) as follows, and certified the said agreement at the notary office at the notary public’s office.

Secretary of the United States of America

1. Attached Form 1

2. The shares of real estate indicated in the list are to be registered for the transfer of ownership under the name of the Defendant (hereinafter “large-scale real estate”), and all expenses incurred therefrom shall be borne by the Plaintiff, but the Defendant shall first pay for and settle the shares after the payment.

2. The plaintiff shall make a provisional registration of shares in ownership of the real estate of this case in the name of the defendant.

3. When the conditions set forth in paragraphs 1 and 2 above are satisfied.