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(영문) 전주지방법원정읍지원 2014.09.03 2014가합12
구상금 등
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The status of the parties, the defendant, C, and D are in a relationship with the siblings and south, and E is the plaintiff's son, and F is the defendant's son.

B. On January 12, 2004, the Defendant entered into a sales contract for G land and completed ownership transfer registration. The Defendant shall be 17,605 square meters of G forest owned by H (hereinafter “G land before the instant partition”).

(2) On March 4, 2004, the Defendant separately prepared a sales contract with respect to the G land prior to the instant subdivision, which was comprised of KRW 71 million, seller H, buyer H, F, E, and C, and filed an application for ownership transfer registration along with it. Accordingly, on the same day, the Defendant filed an application for ownership transfer registration with respect to 1/3 of each share of G land prior to the instant subdivision.

C. 1) Establishment of a right to collateral security on G land and execution of a loan 1) The G land prior to the instant partition shall be G land of 5,868 square meters in Gunsan-si after the division on May 9, 2005, G land of 5,868 square meters in Gunsan-si, 5,868 square meters in I forest, and J forest 5,869 square meters in J forest

2) On June 8, 2005, the joint collateral security (hereinafter “instant collateral security”) was established on the instant G land, which was the maximum debt amount of KRW 110 million, the debtor, and the National Federation of Fisheries Cooperatives (hereinafter “the Federation”), and the Plaintiff established the instant collateral security (hereinafter “the instant loan”) with respect to the instant G land as collateral. The Plaintiff was granted a loan of KRW 84 million from the Suhyup Bank on June 10, 2005 (hereinafter “the instant loan”).

3) The Plaintiff paid KRW 52,344,873, the interest accrued from June 10, 2005 to December 9, 2013 with respect to the instant loan to Suwon-si. D. As to September 14, 2004, the Plaintiff paid KRW 52,72, out of the equity interest accrued between L, Gun-si, Gun-si, Gun-si (hereinafter “instant K land”).

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