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(영문) 수원지방법원 2018.11.09 2017가합3621
대여금
Text

1. The Defendant’s KRW 283,565,334 as well as the Plaintiff’s annual rate from March 6, 2018 to November 9, 2018, and the following.

Reasons

1. Factual basis

A. The Plaintiff and eight of the Defendant, etc., who are his private village, shared the land of 29,554 square meters in the wife population C (hereinafter “instant land”). The shares were 1/3, 2/15, 2/15, E, 1/15, 1/15, G, and H, respectively.

B. The above co-owners promoted the sale of the above land in around 2015, but the voluntary auction procedure was in progress with respect to the Defendant’s shares in F, and the Plaintiff lent KRW 200 million to the Defendant on January 5, 2016 as the expenses necessary to cancel the said voluntary auction procedure, and again lent KRW 100 million to the Defendant on April 7, 2016, as the auction procedure has not been cancelled.

On the same day, the defendant was awarded F's share, and on June 8, 2016, the plaintiff additionally lent 10 million won to the defendant as above under the registration tax for the successful bidder's share.

C. On April 4, 2016, the above co-owners concluded a sales contract with Eddddddddddddddddddddddddddddddddddddddddddddddddddddddddddd

(2) Article 5(5) of the sales contract provides that “The seller’s share in F is sold through auction, but the amount equivalent to F’s share is paid to the Defendant, D, and A, and the seller F and the Defendant will not raise any objection.”

D H A BF E G

D. Meanwhile, prior to the conclusion of the instant sales contract, the agreement signed by the Defendant, the Plaintiff, D, and F on January 5, 2016 (hereinafter “agreement”) states the following:

Here, large houses refer to the other co-owners except the plaintiff and D.

The average of the shares sold by the Plaintiff is about 2,560 square meters and about 2,320 square meters of equity sold by D.

2.The above forest land.

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