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(영문) 서울서부지방법원 2016.09.27 2015가단217938
양수금 등
Text

1. The sales contract concluded on June 20, 201 between B and the Defendant with respect to the real estate listed in the separate sheet is KRW 16,901,410.

Reasons

1. Basic facts

A. On March 31, 201, Aju Capital Co., Ltd. lent KRW 21,00,000 to B at an annual interest rate of KRW 21.9% (33.9%) per annum (33.9% per annum) and the principal and interest equal repayment method for 36 months.

(hereinafter “instant claim”). (b)

B The repayment of the above monthly amount in arrears lost the benefit of time, and the amount of the claim in this case reaches KRW 13,705,541 as of December 1, 2013.

( principal of KRW 10,923,749) C.

Aju Capital Co., Ltd. transferred the instant claim to the Plaintiff on November 27, 2013, and notified it to B on January 8, 2014.

On the other hand, on June 20, 201, B sold each real estate listed in the separate sheet owned by it (hereinafter “instant real estate”) to the Defendant at KRW 280,00,000 (However, KRW 241,50,000 among them was substituted by the Defendant’s acceptance of each of the loans of community credit cooperatives and the obligation to return the instant real estate lease deposit, which are the secured obligation of the instant real estate, and one-half of the obligations to return the instant real estate lease deposit; hereinafter “the instant sales contract”). On August 8, 2011, B completed the registration of transfer of ownership by the Seoul Central District Court Branch of the Seoul Central District Court No. 3517, Aug. 8, 2011.

E. At the time of the instant sales contract, B’s property status was as follows.

Positive Property: (1) The Plaintiff and the Defendant stated on July 12, 2016 that the market price of the instant real estate was KRW 509,464,00,000 at the market price of the instant real estate at KRW 254,732,00 (509,464,000 and the Defendant on July 12, 2016, the market price of the instant real estate at KRW 509,464,00 based on data of the Ministry of Land, Infrastructure and Transport. x 1/2)

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