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(영문) 의정부지방법원고양지원 2016.11.23 2015가합3426

대여금

Text

1. The plaintiff's claims against the defendants are all dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On December 30, 2003, the Plaintiff paid KRW 400 million to the Defendants, and received a promissory note with the face value of KRW 400 million from the Defendants as the addressee (which is the Plaintiff’s father’s wife).

B. On December 30, 2004, the Plaintiff, Defendant B, and Nonparty E entered into an agreement on land transfer (hereinafter “instant primary agreement”) with the main contents as follows.

Indication of Real Estate

1. Forestry 12,867 (the shares to be transferred) (the shares to be transferred to 12,867 3,100) (the shares to be transferred to B owned by an agreement);

1. We undertake, as of December 30, 2004, that the land indicated above will be divided and transferred, as of December 30, 2004, on the above real estate (E-ownership) 12,867 of the Suyang-gu Hong-gu F forest 12,867 of the shares to be transferred [12,867 of the shares to be transferred] [2,100 of the shares to be transferred] as to the above real estate (E-ownership] as the agreement; and

C. On October 7, 2009, the Plaintiff, Defendants, and E, etc. entered into an implementation agreement with the following content (hereinafter referred to as “instant secondary agreement”) that intends to transfer the ownership of the land of 3,967 square meters of G forest and 6,254 square meters (hereinafter “the instant land”) to the Plaintiff, which divided a part of 12,867 square meters of forest and f forest in Gyeyang-gu, Gyeyang-gu (hereinafter “F land”) and part of 6,254 square meters of G forest and g forest.

(The instant land is the same as the instant land indicated on the attached road and the temporary partition map attached to the agreement attached to the instant secondary agreement. The indication of real estate ① 12,867m2 (C, B, and H ownership) of F forest land in Gyeyang-gu, Yangyang-gu, Yangyang-gu (E ownership) ② 6,254m2 (E ownership) of 6,254m2 (E ownership) of G forest in Yangyang-gu, Yangyang-gu, Yangyang-gu (J ownership) ④ 474m2 (J ownership) of 1,48m2 (J ownership) of 1,48m2 (J ownership) of K forest in Yangyang-gu, Yangyang-gu, Yangyang-gu, Yangyang-gu (J ownership) ⑤ 568m2 (B) of Mayang-gu, Yangyang-gu, Yangyang-gu, Yangyang-gu, M. 92m2 (B), and D “B” and “A” and “B” agree to implement the following terms:

1. The reimbursement of KRW 400,000,000,000,000,000,000,000,00 shall be 3,967,00,00,00 as the attached drawings.