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(영문) 광주지방법원 2019.08.08 2018가합54052
양수금
Text

1. The plaintiffs' claims against the defendants are all dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. On February 2, 2012, Defendant C received a promissory note (bill amount: KRW 440 million) issued by F (the Plaintiff’s father, who was the Plaintiff’s spouse), from F. On March 22, 2012, Defendant C completed the registration of the right to claim the transfer of ownership on the ground of a pre-sale agreement made on March 21, 2012, with respect to the previous Young-gun G, H, I, J, and K land owned on March 22, 2012.

B. On May 24, 2013, Defendant D Co., Ltd. (hereinafter “Defendant D”) prepared a written offer to the effect that Defendant C was sold in lots at the Hanam Nran Complex 10,000,000 Won (hereinafter “instant apartment”) that Defendant D would be expected to construct the land, Hanam-si, and the 10,000,000 Won (hereinafter “instant written offer”) and the 20,000,000,000 won under the instant written offer (hereinafter “the instant complete payment”) and issued it to Defendant C, respectively.

C. On the same day, Defendant E Co., Ltd. (hereinafter “Defendant E”) prepared a loan certificate stating that “Defendant E has borrowed KRW 470 million from Defendant C in connection with F” (hereinafter “the loan certificate in this case”). The loan certificate column at the bottom of the loan certificate in this case includes the mission of Defendant E, the corporate seal is affixed, and the name of the F is written in the guarantor column.

The F died on September 10, 2013.

E. On December 13, 2013, Plaintiff B completed the registration of transfer of ownership based on inheritance by agreement and division as of the instant L land on September 10, 2013.

F. Around October 2014, Defendant C filed a lawsuit against Plaintiff B to the effect that the principal registration procedure for transfer of ownership was followed on October 8, 2014 with respect to the instant L land, which was based on the completion of trade reservation as of October 8, 2014.

(Seoul District Court 2014Kadan47431). Agreements

1.(a)

Defendant C shall have the date of the preparation of this Agreement.

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