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(영문) 대구지방법원 2016.09.13 2015가단125491
구상금
Text

1. The Defendant’s KRW 70,000,000 as well as 5% per annum from December 1, 2005 to January 4, 2016 to the Plaintiff.

Reasons

1. There is no dispute between the parties to the underlying facts, or the following facts may be acknowledged in full view of the purport of the entire pleadings as to Gap evidence Nos. 1, 2, 3, 4-1, 2, 5, 6-2, Eul evidence No. 2-1, 2, 3, 7-1, 2, and 3.

On December 29, 2000, the Plaintiff sold to the Defendant one thousand won, not less than 1,405 square meters, and one parcel of land (hereinafter “the instant land”) on the land owned by the Plaintiff, with the Plaintiff’s consent, for the purpose of raising the above purchase price. In order to set up a right to collateral security with respect to the instant land owned by the Plaintiff at KRW 260,000,000, the Defendant was granted a loan of KRW 200,000,000 from the Defendant, the mortgagee of the right to collateral security, the Seongbuk Saemaul Bank, the maximum amount of debt, and the amount of debt.

(B) only KRW 5,00,000 among the loans was paid to the Plaintiff as part of the purchase price).

On July 2003, the Plaintiff entered into a mediation to the effect that “The Defendant shall pay KRW 212,00,000 to the Plaintiff up to October 31, 2003” between the Defendant and the Defendant on September 16, 2003 by filing a lawsuit claiming the purchase price ( Daegu District Court 2003Gahap3724).

C. After that, the Defendant failed to pay the above amount to the Plaintiff according to the purport of the above conciliation, the Plaintiff sold the instant land to D on June 16, 2004 and completed the registration of ownership transfer on July 28, 2004. On the wind that the Defendant did not pay the above loan, the Plaintiff was a person who pledged his property to secure another’s property and repaid the loan in lieu of the loan to the Seongbuk Saemaul Bank on July 19, 2004.

Accordingly, on August 19, 2004, the Defendant filed a lawsuit claiming the revocation of fraudulent act and the transfer of ownership against the Plaintiff and D as Daegu District Court 2004Kahap724 on the instant land. On June 1, 2005, the Defendant filed a lawsuit claiming the revocation of fraudulent act and the transfer of ownership against the Plaintiff and D as Daegu District Court 2005Kahap77444.

E. Around August 4, 2004, the Plaintiff attached the E land owned by the Defendant as the preserved claim against the Defendant by taking the above purchase price claim against the Defendant as the preserved claim.

F. The defendant raises an objection from the plaintiff.

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