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(영문) 서울중앙지방법원 2018.11.09 2017가합563859
공탁금출급권확인의 소
Text

1. On June 21, 2017, the Seoul Central District Court rendered a judgment on June 21, 2017 between the Plaintiffs and the Defendants.

Reasons

Basic Facts

A. The agreement between the Plaintiff I and the Defendant E, the husband of the Plaintiff A, and the Defendant E, agreed to lend money to the Defendant D Co., Ltd. (hereinafter “Defendant D”), which newly constructs and sells a commercial building, an aggregate building (hereinafter “instant commercial building”) on the ground of the JJ large 762.50 square meters (hereinafter “instant land”). However, the agreement was made between the Plaintiff E and the Defendant E to sell the name of the first beneficiary and the lessee of the instant commercial building for the purpose of securing the above loan claim.

B. On November 30, 2010, Defendant D entered into a sales contract with Defendant F and Defendant D to sell KRW 300 million for the sale price. (2) Defendant F, according to the said sales contract, paid KRW 120 million as the down payment on November 30, 2010, and KRW 80 million as the intermediate payment on December 8, 2010, respectively. Defendant D, on December 9, 2010, paid the down payment and the total intermediate payment of KRW 200 million to Defendant F out of the said sales price, and on December 31, 2011, prepared and issued a receipt that became the remainder KRW 100 million out of the sales price.

3) On February 16, 2012, Defendant D, F, etc. drafted a written agreement with Defendant F to the effect that “Defendant D, etc. shall pay KRW 300 million for the sale price to Defendant F within three months, and Defendant D cannot assert the right to the commercial building 105 when it is unable to repay the said debt.” 4) On December 26, 2012, the establishment registration of a mortgage was completed for Defendant F, the maximum debt amount of KRW 300 million in the future of Defendant F, the debtor, and the debtor D’s establishment registration was revoked on May 2, 2013.

5 On April 23, 2013, Defendant D issued to Defendant F a promissory note with the payee F, the amount of which is KRW 390 million, the due date, May 23, 2013, the place of payment, and the place of payment.

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