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(영문) 대전지방법원 2016.07.21 2016가합100342
근저당권말소등 청구의 소
Text

1. The part concerning the claim for the confirmation of existence of an obligation among the lawsuits in this case shall be dismissed.

2. The defendant is KRW 300 million from the plaintiff and this.

Reasons

1. Presumed facts

A. Around July 2015, the Plaintiff drafted a memorandum of understanding on the Plaintiff’s forest land as security, including the instant forest land, among E and F, the Plaintiff’s forest land as well as the Plaintiff’s forest land as security; F, with respect to the said real estate, the Sea Rite was located in the instant real estate; Hullet was located in Pyeongtaek-si G forest land jointly with F and E; and Hullet was located in Ulsan-gun I forest land as well as the project for developing the mine (hereinafter “instant project”).

Of the MOU of this case, the contents relevant to this case are as follows.

The following business agreements shall be entered into in accordance with the principle of mutual trust and good faith with respect to the development and the Hullet and Ulsan mine joint projects utilizing four parcels outside J in Chungcheongnam-si, Chungcheongnam-si, Chungcheongnam-do, Chungcheongnam-do, Jin-si, and the development and the Hullet and Ulsan-do, Chungcheongnam-do.

Article 1(Purpose)The purpose of this Understanding is to ensure the successful progress of the project by Gap, Eul, and Byung in cooperation with each other in order to conduct the joint development of Pulll and Pulll Kish joint projects utilizing Article II collateral provided by the land-owner Byung in the project site.

Article 2 (Place of Collateral) Residence: L 1: 26,265 square meters (forest, agricultural and forest area) [2] M: 1,155 square meters (forest, forest, and forest area) M: 28,05 square meters (forest, forest, and agricultural and forest area): N: 17,293 square meters (forest, forest, and agricultural and forest area) 5 square meters: Total sum of 77,771 square meters (forest, agricultural and forest area): Article 7 (Rights and Duties of Disease)

1. Sick will offer land security as a surety to secure another's property;

2. Byung shall be responsible as a surety in settling the price of land, and shall provide all the documents necessary for the project (person, permitted land use approval, etc.);

(i) Article 12 (Special Agreement No. 13.C. 13.C. 13. C. 13. C. 13. C. 2) The use of the Fund for the loan of KRW 00 million, including the daily loan of KRW 100,000,000,000,0000,000,000,000,000 won.

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