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(영문) 수원지방법원성남지원 2015.04.22 2014가합205658
대여금
Text

1. The instant lawsuit shall be dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On November 17, 2006, the Defendant awarded a contract of KRW 331,110,000 with the land of this case for KRW 7,934 square meters (hereinafter “the forest of this case”) in Gyeyang-gun, Yangyang-do (hereinafter “the forest of this case”) in the amount of KRW 331,110,00, and completed the registration of ownership transfer under the name of the Defendant on December 27, 2006, after offering the forest of this case as security to the Do Agricultural Cooperative, and paying the purchase price after borrowing 30

Around that time, the Defendant transferred part of the forest land of this case to the Plaintiff, D and E, the same wholesaler, and instead, the Plaintiff et al. shared the Defendant’s obligation to pay part of the above loan.

After that, on March 9, 2007, the Defendant divided 2,690 square meters out of the instant forest into F, and sold it to G in KRW 112,310,000, and completed the registration of ownership transfer on March 12, 2007.

B. On October 8, 2007, the Plaintiff, the Defendant, and H entered into a partnership agreement with the Plaintiff to newly construct and lease a building on two or more lots of land, Sungnam-gu, Sungnam-si, Seoul Special Metropolitan City. On February 27, 2008, the construction of a new building on the 1st floor and the 4th floor above ground (J building) and completed registration of initial ownership in the name of the said 3 persons, and thereafter, registered the establishment of ownership in the said 3 names as a partnership business (the above partnership came to remain after H withdraws around October 2013).

On the other hand, the Plaintiff lent a total of KRW 150 million to the Defendant on April 14, 2014, and KRW 50 million on April 24, 2014.

(hereinafter “instant loan”). D.

On July 15, 2014, the Plaintiff and the Defendant drafted a written agreement on several occasions for the settlement of claims and obligations relating to the instant loan, the instant forest land and J building, and each of the following contents (hereinafter “each of the instant agreements”) on July 15, 2014.

[1] Paragraph (1) of this Article] The plaintiff's total sum of 35,000,000 Won for the agricultural loan of the defendant's land (one parcel, other than Gyeonggi-do, Yangyang-gun) and for the bonds and obligations (J building).

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