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(영문) 서울서부지방법원 2018.05.24 2017가합40115
소유권이전등기말소 등
Text

1. Of the instant lawsuit, the part concerning the claim for performance of the procedure for change of the owner’s name shall be dismissed.

2. The defendant is from the plaintiff 320,000.

Reasons

1. Basic facts

A. The Plaintiff’s loan debt 1) The Defendant leased KRW 70,000,00 to the Plaintiff and the Plaintiff’s her her son around March 7, 201, KRW 2.5% of interest per month, and KRW 50,000 after the due date for reimbursement for three months. Around August 31, 2011, the Plaintiff leased KRW 50,000 to the Defendant at 2.5% of interest per annum and four months after the due date for payment for the first real estate listed in the separate sheet owned by the Plaintiff (hereinafter “instant land”). On December 29, 2010, the Plaintiff completed the registration of the establishment of a mortgage (hereinafter “D association”), the maximum debt amount of KRW 290,00,000,000, KRW 00 with the obligor, KRW 10,000 with the maximum debt amount for each of the instant loans extended to the Defendant, KRW 301,501, May 1, 2015.

B. On November 12, 2012, the defendant filed an order with the plaintiff et al. to return the loan on or before March 7, 2011, and the court issued a payment order with the purport that "the plaintiff and C shall jointly and severally pay to the defendant 94,50,000 won and 70,000 won among them shall be paid at the rate of 30% per annum from October 11, 2012 to the date of full payment." The above payment order was finalized around that time. The defendant received the above payment order with the plaintiff et al. for the above payment order with the court "the plaintiff and C shall be jointly and severally paid 94,50,000 won and 70,000 won among them, from October 11, 2012 to the date of full payment." The above payment order with the court "the plaintiff and the defendant shall be jointly and severally paid 30,010,714,305,201 and 1630,705.

Each of the above.

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