(영문) 서울중앙지방법원 2015.03.19 2014가합587434

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(영문) 서울중앙지방법원 2015.03.19 2014가합587434

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Text

1. The defendant

A. On January 12, 2009, the Seoul Central District Court received on January 12, 2009 with respect to real estate listed in the separate sheet Nos. 1 and 2.

Reasons

1. Facts of recognition;

A. The plaintiff A is the mother of the defendant, and the plaintiff B and C are the defendant's siblings.

B. The plaintiffs and the defendant's monetary loan contract and the defendant's promise of accord and satisfaction 1) The defendant borrowed money from the plaintiffs from January 2003 while running construction business, and around June 29, 2004, the defendant reached 1,763,260,000 won in total. 2) The plaintiffs entered into a monetary loan agreement with the defendant on June 29, 2004 and completed provisional registration on June 23, 200 as to the shares of 20/10 of the defendant's shares in the attached list 1 and 2 and the shares of 3/10 of the defendant's shares in the attached list 3 through 7 under the receipt of No. 53724 on June 29, 2004.

3) As the Defendant requested that a provisional registration be cancelled at the time to obtain a loan thereafter, the Plaintiffs cancelled a provisional registration of 20/10 of the shares of the above Defendant among the real estate Nos. 1 and 2 listed in the separate sheet, and completed a provisional registration again under the Seoul Central District Court No. 1414 on January 12, 2009 with respect to each share stated in the separate sheet No. 1. A. C. The Plaintiffs and the Defendant entered into a payment contract for each share of the Defendant among the real estate listed in the separate sheet No. 27, Dec. 27, 2013.

The payment contract (Evidence A 2) prepared at the time of the conclusion of the above contract shall include the following:

① Under a monetary loan agreement concluded on June 29, 2004 by the Plaintiffs and the Defendant, instead of paying the principal amount of KRW 1,763,260,000 to the Plaintiffs, the Defendant transfers the ownership of each real estate listed in the separate sheet to the Plaintiffs.

(2) The defendant shall implement the registration procedure within three months from the date of preparation of the contract.

The defendant shall pay the agreed interest every month until the registration of transfer is completed.

The defendant paid principal to the plaintiffs by March 27, 2014.

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