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(영문) 서울고등법원 2018.03.29 2017나2049912
소유권이전등기
Text

1. The judgment of the court of first instance is modified as follows.

The plaintiff's primary claim against the defendants and each conjunctive claim.

Reasons

1. Basic facts

A. On October 30, 2012, the Plaintiff leased 400 million won at the interest rate of 3% per month, and the due date for repayment on January 31, 2013 (hereinafter “the first loan”). On the same day, the Plaintiff completed the registration of the establishment of the creation of a neighboring maximum debt amount of KRW 600 million for the land and buildings of Gyeonggi-gun G land and building owned by the F, Yangyang-gun.

B. On January 24, 2013, the Plaintiff leased KRW 250 million to F at an interest rate of KRW 3,000 per month, and on May 2013, 2013 (hereinafter “instant secondary loan”). On the same day, the Plaintiff completed the registration of the establishment of a neighboring maximum debt amount of KRW 375,00,000 on the land of H in Yangju owned by F.

The Plaintiff paid 196,159,000 won to F after deducting the interest of the first loan and the expenses of a certified judicial scrivener.

C. On the other hand, with respect to each of the instant loans on January 23, 2013, a letter of confirmation issued under the name of the president of the DFF (hereinafter “D”) on the following matters (hereinafter “instant letter of confirmation”) was prepared.

Goods: The estimated amount of money borrowed from H and four parcels at two weeks in Gyeonggi-do: the maximum amount of money to be paid (including the existing 2.2 billion won, the difference of 1.4 billion won): It is confirmed that the unbuilt commercial buildings managed by D New Cooperatives in relation to the above goods will be responsible and repaid as follows:

HH - Loans extended by the Plaintiff on October 30, 2012 and loans that may arise on January 30, 2013 (public space) - Loans extended to the Plaintiff’s credit to be repaid as the top priority over other loans upon the occurrence of the DF loans - They will be held liable when the loan has not been created or the repayment has not been made.

- It shall be responsible for and resolve any delay in loans or other deficiencies arising out of legal disputes in relation to the above goods.

(not later than the end of March, 2013) - All of the problems are responsible for the DF and undertake to ensure that the repayment of the Plaintiff’s loans does not result in a problem.

The Plaintiff received KRW 250 million from F around May 2013.

E. The Plaintiff is owned by F on May 27, 2015.

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