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(영문) 부산지방법원 2016.08.10 2015가합49548
청구이의
Text

1. All of the plaintiffs' claims are dismissed.

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

Reasons

1. Basic facts

A. On November 15, 2013, Ilsungcom Co., Ltd. (hereinafter “Dasungcom”) entered into a contract with F Co., Ltd. (hereinafter “F”) to sell the instant land at KRW 5 billion in purchase price with H, I, J, K, K, L, M, and N (hereinafter “instant land”) in Busan East-gu, Busan (hereinafter “F”) and completed the registration of ownership transfer on the instant land on November 28, 2013.

B. On November 26, 2013, F entered into a trust agreement with the National Federation of Fisheries Cooperatives (hereinafter “NFFC”) with respect to the instant land and completed the registration of ownership transfer based on a trust agreement with NFFF on November 28, 2013.

C. On April 13, 2015, F prepared a notarial deed of money loan agreement with Defendant C and D, a notary public, stating that the sum of KRW 700 million of the borrowed principal as of November 28, 2015, and KRW 200 million of the borrowed principal as of June 30, 2014, shall be paid up to May 31, 2015, and the interest thereon shall be paid at the rate of 25% per annum, and on August 26, 2015, the notarial deed of money loan agreement with Defendant E Co., Ltd (hereinafter referred to as “E”) was written with an executory obligation agreement with the notary public to pay KRW 1969,50,976,821, as of August 31, 2015 (hereinafter referred to as “E”) by August 26, 2015.

(hereinafter referred to as “each of the notarial deeds of this case”) d.

On September 24, 2015, Ilsungcom transferred to the Plaintiffs KRW 420 million out of the purchase price claim regarding the instant land against F with respect to F, and notified F of the said assignment of claims on the same day. On November 9, 2015, it made a written agreement that approves Plaintiff A’s debt amounting to KRW 670 million.

[Reasons for Recognition] Facts without dispute, Gap evidence 1 to 11 (including branch numbers, hereinafter the same shall apply) and Eul evidence 1 to 4.

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