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(영문) 서울중앙지방법원 2014.11.06 2013가합507820
근저당권말소
Text

1. The Defendant’s KRW 1,500,000,000 as well as 5% per annum from April 18, 2013 to November 6, 2014 to the Plaintiff.

Reasons

1. Basic facts

A. The Defendant, on June 4, 2009, was the highest purchaser and acquired ownership in the voluntary auction procedure conducted to Gangnam branch court of the Chuncheon District Court as to each of the real estate listed in the separate sheet (hereinafter “each of the instant land”).

Since then, in order to promote development projects that build youth training centers, resort centers, etc. on each of the instant lands (hereinafter “development projects of this case”), the Defendant was introduced to the Plaintiff who conducts the business of developing real estate, consulting, etc. in order to promote the development projects (hereinafter “development projects of this case”).

B. In order to promote the instant development project, the Plaintiff and the Defendant established D Co., Ltd. (hereinafter “D”) on August 24, 201, and the Plaintiff and E (the Defendant’s church house) were joint representative directors D.

C. Around 2011, the Defendant filed an application with the competent authority to obtain necessary permission to build a new building of a youth training center, etc. on each of the instant land under the name of the members of the Defendant or the Defendant’s church, but did not obtain permission, and the Defendant transferred the relevant permission in the name of the Plaintiff or E to promote the said development project under the name of D after obtaining the relevant permission.

On December 23, 2011, the Defendant, upon obtaining a certificate of personal seal impression, drafted a power of representation to E to confer authority on each of the instant land development and investment contracts and the power of representation on each of the instant actions.

In addition, on December 28, 201, E prepares a real estate consulting and investment contract with the Plaintiff as follows in the capacity of the Defendant’s agent:

(hereinafter referred to as the “instant consulting contract”). The project site is a mutual trust when the land owner, the defendant and E (hereinafter referred to as “A”) of the development of the said site requests the Plaintiff (hereinafter referred to as “B”) to provide consultation on the development of the land subject to the project and the Plaintiff (hereinafter referred to as “B”).

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