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(영문) 수원지방법원여주지원 2013.10.24 2012가합2582

건물명도 등

Text

1. The Plaintiff (Counterclaim Defendant) received each real estate listed in the separate sheet Nos. 1 and 2 from the Defendant (Counterclaim Plaintiff).

Reasons

1. The following facts of recognition do not conflict between the parties, or may be admitted in full view of the whole purport of the pleadings as stated in Gap evidence Nos. 1 to 4, 9, 10, 11, 13 and Eul evidence Nos. 1, 2, 3 and 5 (including branch numbers, if any).

On April 20, 2010, the Plaintiffs entered into a contract with the Defendant to lend KRW 90 million with interest at a rate of 3.6% per annum (hereinafter “the Loan Agreement of April 20, 2010”). By April 21, 2010, the Plaintiffs paid KRW 5.4 million to the Defendant, 3,354,200, plus KRW 16,854,200, excluding KRW 73,145,80,000, excluding the above KRW 90,000,000, fee of KRW 5.4 million until April 21, 2010.

B. On April 21, 2010, the Defendant completed the provisional registration of the right to claim ownership transfer (hereinafter “provisional registration of this case”) under the Plaintiff’s name with respect to each real estate listed in the separate sheet in order to secure the return of the above loan, and on the same day, the registration of the establishment of a mortgage consisting of KRW 126 million in the Plaintiff’s name.

C. On April 22, 2010, the Plaintiffs entered into a contract with the Defendant to lend KRW 40 million by setting the interest at 3% per month on the provisional registration of the above right to claim ownership transfer and the registration of the establishment of the above mortgage (hereinafter “Loan Agreement for Consumption on April 22, 2010”). On the same day, the Plaintiffs paid KRW 35 million calculated by deducting the commission amount from the Defendant at KRW 40 million, KRW 2.4 million, and KRW 3.5 million, which is the three-month advance interest, from the sum of KRW 3.6 million.

D On May 11, 2010, upon the introduction of the plaintiffs, entered into a contract with the defendant for lending KRW 230 million by setting the provisional registration of the above right to claim for ownership transfer and the registration of the establishment of the above neighboring mortgage as security at 36% per annum (hereinafter "loan for consumption as of May 11, 2010"). Accordingly, on May 14, 2010, the above amount of KRW 230 million plus interest of KRW 1,7250,000 for three-month period from KRW 1,7250,000,000, total of KRW 34,620,500,000.