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(영문) 광주지방법원 2019.08.22 2018가합56454
손해배상 등
Text

The Defendant’s KRW 403,759,790 and KRW 260,000 among the Plaintiff’s KRW 200,000 shall be from January 22, 2015, and KRW 135,00,000.

Reasons

1. Basic facts

A. On August 9, 2012, the Defendant prepared a promissory note notarial deed (No. 1633, 2012, No. 1633, hereinafter “instant notarial deed”) with the issuer as of May 31, 2013 between C Co., Ltd. (hereinafter “C”) and the issuer, but C did not pay the amount equivalent to the above face value by the said payment date.

B. The Plaintiff sold F apartment units F (hereinafter “F apartment”) No. 145 million won in Gwangju Dong-gu, Gwangju-gu, and completed the registration of ownership transfer, but the Plaintiff did not pay 28,759,790 won out of the remainder, and issued to the Plaintiff a confirmation letter of accounts receivable for purchase price payment that the Defendant would pay the remainder by December 31, 2013.

C. On August 19, 2014, the Plaintiff (hereinafter “F apartment9 households”) was issued a provisional disposition on January 22, 2015 with respect to the revocation of fraudulent act and the right to claim restitution of the original status as the preserved right with respect to 10 households (hereinafter “F apartment 9 households”) of the F apartment that had been transferred under the Defendant’s name Defendant’s Dong H (hereinafter “the instant provisional disposition”) with respect to the remainder of 9 households, excluding subparagraph (I, Jho, K, L, M, N,O, P, Q, Q, and R) of the F apartment that had been transferred under the Defendant’s Dong H (hereinafter “the instant provisional disposition”).

On June 12, 2015, the Plaintiff: (a) prepared a sales contract stating that F apartment S shall be transferred to U, who is a de facto manager of T, to KRW 135 million; and (b) completed the registration of ownership transfer on the same day.

T as the representative of C and V, a person who constructed the F main complex apartment (hereinafter referred to as “X main complex apartment”) in Gwangju-gu W, and the defendant is a person who constructed the aforesaid main complex apartment together with T.

1. T borrowed an amount equivalent to KRW 1.355 million from around 2008 to around 2012 from the Plaintiff. Before August 9, 2012, 2012, the collateral security obligations against F apartment bonds 23 units in Gwangju, which he newly built, and the lessee.

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