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(영문) 광주지방법원 2015.08.12 2014나9997
근저당권말소 등
Text

1. Claim for a change in exchange for real estate listed in paragraph 1 of the attached list at a trial and Attached Table 2.

Reasons

1. Basic facts

1. (Purpose) A (Defendant) shall lend KRW 200 million to B (D), and B shall pay a total of KRW 400 million (the principal and interest of the loan) to A at the following due date.

2. (Period of Performance)

(a) B shall preferentially repay the principal KRW 200 million to A of the proceeds from the sale of the site for non-business use among the land (such as the land adjacent to the G in Gwangju-gu G) in which Party B planned to purchase B by June 15, 2012 (before the payment of double-water).

(c) B shall be paid to A 200 million won as a profit by July 31, 2013 at the latest.

3. (Security) B shall secure the principal of the loan and the profits of Party A.

A. ① Real estate of this case owned by the Plaintiff and ② K Apartment 111 and 402, Dong-dong 111, Dong-dong 402 of the Gwangju Mine-gu owned by the Plaintiff (the maximum bond amount of KRW 200 million, the debtor Eul, the creditor Eul, and the registration of establishment of a neighboring apartment to the above security) and the Plaintiff and E, the owner of the above apartment as to the above security

(b) Eul shall prepare and deliver to Gap a certificate of promissory notes with face value of four hundred million won, payment at sight, and payee Gap.

4. Settlement of accounts)

(a) B and the owner of the above apartment (a person who has pledged his property to secure another's property) shall recognize compulsory execution pursuant to Article 3 of this title which is not possible to perform the obligations under the above agreement.

B. Upon receiving the full repayment of the leased principal and the profits from B, the security under Article 3 is to be terminated in entirety. A

On April 12, 2012, Defendant and D entered into an agreement with the following terms (hereinafter “instant agreement”), and the Defendant is written in the agreement as the obligee, D, the obligor, and the Plaintiff and E, respectively.

B. On April 12, 2012, D drafted the issuer D and the Plaintiff, E, face value of 400 million won, and the Defendant’s promissory note No. 287, a notary public of the 21st century’s general legal office document (hereinafter “instant promissory note No. 287,”) to the Defendant.

C. On April 2012, 201, regarding the first real estate owned by the Plaintiff.

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