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(영문) 대구지방법원김천지원 2016.11.17 2016가단31509
소유권말소등기
Text

1. The defendant shall pay 30 million won to the plaintiff and 9% per annum from March 13, 2002 to the day of complete payment.

Reasons

1. Basic facts

A. The original Defendant is pro-friendly.

The real estate in the text of this case (hereinafter referred to as the "the previous answer of this case") was acquired by the plaintiff from May 1993 to February 1995 in the name of the defendant, and was recovered from the defendant on June 10, 1997, and the defendant occupied, cultivated and managed the previous answer of this case from the time when the plaintiff acquired the previous answer of this case.

B. On March 8, 2002, the Plaintiff completed on March 5, 2002 the registration of ownership transfer on the instant former return to the Defendant on the ground of sale as of March 5, 2002 (hereinafter “the registration of transfer of this case”). On March 6, 2002, the Defendant drafted to the Plaintiff each of the following contents (A2 and the Defendant, on March 6, 2002, deemed to have been authentic by the Defendant’s seal and the purport of the entire pleadings among B and B4; hereinafter “each of the instant notes”).

The plaintiff, the actual owner of the answer of this case, cannot obtain a loan for agricultural funds under the name of the defendant as the purchaser because he could not obtain a loan for agricultural funds directly in the location of this case, and he will receive a loan for agricultural funds and pay the loan to the plaintiff, the actual owner of the answer of this case. The plaintiff shall pay the principal and interest of the loan to the plaintiff, which is the actual owner of the previous answer of this case.

"..."

On March 13, 2002, the defendant extended a total of 30 million won by 10 million won in the name of the defendant himself, his wife C, and YD in the name of the defendant, his wife D, and 10 million won (the due date of March 2, 2003) at interest rate of 9% per annum from the agricultural cooperative, and paid the above money to the plaintiff around that time.

The defendant shall be calculated on July 23, 2002 as the sum of KRW 10,341,504 as the principal and interest of loans under C, and KRW 10,335,342 as the sum of the principal and interest of loans under D around July 26, 2002 (136 days) (=10 million won x 0.09 x 0.09 x 136 days/365 days).

B, around March 2, 2003, repayment of 10,823,555 won of the principal and interest of the defendant himself/herself was made.

E. On July 13, 2016, the Plaintiff was running in the instant Do, and KRW 31,49,577 in front of the Defendant.

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