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(영문) 의정부지방법원고양지원 2020.11.11 2019가단6969

청구이의

Text

The plaintiff's claim is dismissed.

Litigation costs shall be borne by the plaintiff.

Reasons

1. Basic facts

A. The Plaintiff and D sales contract 1) On September 21, 2016, the Plaintiff: (a) on September 21, 2016, sold to D prior to subdivision E (hereinafter referred to as “land indication”) is specified only by omitting the front part of the address; and

(2) The Plaintiff’s wife sold KRW 1950 square meters and F 60 square meters for KRW 353,90,000,000,000. The Plaintiff’s wife sold KRW 336,000,000 for KRW 60,000,000,000,000. The Plaintiff’s wife sold KRW 336,000,000,000,000,000,000,000,000,000.

3) On November 7, 2016, D paid the balance under each of the above sales contracts to both the Plaintiff and G, and received documents necessary for registering the transfer of ownership from the Plaintiff. (B) On December 20, 2016, the Plaintiff: (a) donated 336m2 from G to G before subdivision and completed the registration of ownership transfer; and (b) sold part of the H’s land before subdivision to J on the same day; (c) the payment was paid by J with loans from the Defendant, K, and L, and the Plaintiff provided water collateral.

2. Accordingly, on December 20, 2016, the Defendant lent KRW 100 million to the J respectively, KRW 70 million to K, and KRW 20 million to L, respectively. As a security, with respect to KRW 336 square meters prior to the division owned by the Plaintiff and KRW 774 square meters prior to the division, the Jung-gu District Court of Suyang-gu, Goyang-gu, Seoul District Court of Justice on December 20, 2016 and KRW 150 million, the maximum debt amount in the name of the Defendant, KRW 150 million, the maximum debt amount in the name of K, KRW 150 million, the maximum debt amount in the name of L, KRW 30 million, and KRW 336 square meters prior to the division.