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(영문) 대구지방법원 2014.12.12 2013가단18797
약정금등
Text

1. The defendant,

A. The Plaintiff A shall be paid KRW 21,560,00,000 to the Plaintiff, and the amount of KRW 1,680,000 shall be from January 1, 2014.

Reasons

1. Basic facts

A. On June 18, 1989, the death of the plaintiffs and the defendant's attached H, due to inheritance, the registration of ownership transfer on December 19, 191 for the first, second and second lands of this case, the 4/38 shares of plaintiffs A and B, the 1/38 shares of plaintiffs C, and the 6/38 shares of the defendant completed the registration of ownership transfer on December 19, 191.

B. On December 31, 1979, the Defendant completed the registration of initial ownership relating to the buildings, such as freezing warehouses, on the ground of the instant land No. 1 (hereinafter “instant buildings”).

C. The land No. 1 of this case is used as the site for the building of this case, and the result of a request for the appraisal of rent calculated as to the land No. 1 of this case after a field investigation on December 6, 2013 is as shown in the attached Form.

On the other hand, the land No. 2 is being used as the road site.

Plaintiff

A filed a lawsuit against the Defendant for the repayment of loans of KRW 88 million and damages for delay with the Daegu District Court 201Kadan86145, and the following mediation was established on April 17, 2012 in the above case.

(hereinafter referred to as “related litigation”)

1. The defendant confirmed that the plaintiff A has a debt of KRW 5 million based on the loan for consumption at around 1984, ② KRW 23 million based on the loan for consumption at October 8, 1992, ③ KRW 58 million based on the loan for consumption at December 12, 1997, and ③ KRW 86 million based on the loan for consumption at December 12, 1997.

2. On April 17, 2012, the Defendant transferred 1,322/1,617 shares of the land of this case to the Plaintiff on April 17, 2012 as payment in kind for the 40 million won out of the borrowed money as described in paragraph (1), and the Plaintiff shall take over them.

By April 30, 2012, the defendant shall implement the procedure for the registration of transfer of ownership based on the above transfer agreement to the plaintiff A with respect to the above real estate.

3. The Defendant shall pay to the Plaintiff KRW 10 million until December 1, 2013, and KRW 10 million until June 1, 2014.

4. If the Defendant fulfilled the obligations under paragraphs 2 and 3, the Plaintiff A shall exempt the Defendant from the remainder of the loans.

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