(영문) 수원지방법원성남지원 2017.10.27 2017가합403668

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(영문) 수원지방법원성남지원 2017.10.27 2017가합403668

청산금지급 청구의 소

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1. Defendant C’s KRW 90,000,000, and the Plaintiff’s annual rate of KRW 5% from January 17, 2017 to October 27, 2017, and the following:

Reasons

1. Basic facts

A. The Defendants: (a) lent KRW 700,000,000 to D on October 27, 2004; (b) the Defendants and D set up a sales contract on each of the real estate listed in the separate sheet owned by D (hereinafter “each of the instant real estate”); (c) the purchase price is KRW 1,082,00,000 on the date of a contract with a lump sum payment; and (d) the said lease principal is KRW 700,00,000, in light of the content of a special agreement, based on a special agreement, the amount of KRW 382,00,000,000 of the maximum debt amount of the right to collateral security against the agricultural cooperatives, which are imposed on the sports-based mutual-mortgage-based financial cooperative.

The Defendants, as a special agreement, agreed to succeed to KRW 382,00,000 to the loans owed to agricultural cooperatives with the Gyeonggi-do East Imposition of Agricultural Cooperatives D.

3) In order to secure the above loan claims, etc. on October 28, 2004, the Defendants filed for provisional registration of the right to claim transfer of ownership in the name of the Defendants under No. 5253 on October 27, 2004 (hereinafter “the provisional registration of the right to claim transfer of ownership of this case is the provisional registration of the right to claim transfer of ownership of this case”).

4) In addition, on December 20, 204, the Defendants and D agreed to the settlement prior to the filing of a lawsuit (hereinafter “Settlement prior to the filing of a lawsuit”) with the Suwon District Court Branch Branch of Sungwon Branch of 2004No.120 on December 20, 2004, and D decided to cancel the registration procedures for the cancellation of the above right to collateral security by October 26, 2005, and upon delay, D decided not to raise an objection to the registration following the registration of the security provisional registration of this case.

B. The Plaintiff and E (hereinafter “Plaintiff, etc.”)’s contractual bond, etc. against the Defendant

from around 2002 to F, the amount exceeding 380,000,000 won in terms of investment in the sales agency business of officetels.

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