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(영문) 청주지방법원충주지원 2015.08.20 2015가단567
손해배상(기)
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Facts of recognition;

A. On December 4, 2006, the deceased C (hereinafter “the deceased”) and the Defendant jointly purchased the land of 18,754 square meters in Chungcheongnam-gun E-gun, Chungcheongnam-gun, Chungcheongnam-do (hereinafter “instant real estate”) from D, and agreed to complete the registration of transfer of ownership under the deceased’s sole name with respect to the said forest land. The deceased completed the registration of transfer of ownership with respect to the instant real estate on December 6, 2006.

B. On March 24, 2010, the Deceased created the right to collateral security (hereinafter “instant right to collateral security”) which is the sound credit union, the deceased, and the maximum debt amount of claims 45,000,000 with respect to the instant real estate by the Cheongju District Court’s Audio Registry received on March 26, 2010. Around March 26, 2010, the Deceased borrowed KRW 30,000,000 from the Sound Credit Cooperative as of March 26, 2013 on the expiration date of the loan.

(hereinafter “instant loan”). C.

The Deceased and the Defendant 2010

3. On March 26, 2010, the Defendant concluded an agreement with the following contents. On March 26, 2010, the Defendant completed the registration of the establishment of a collateral security (hereinafter “the instant second collateral security”) consisting of the Defendant, the Deceased, the Deceased, and the maximum debt amount of KRW 100,000,00 with respect to the instant real estate by the Cheongju District Court No. 6377.

Defendant A shall be the obligee “A” and the obligor “B” shall be the Deceased, and the obligor “B” shall conclude an agreement as to the mortgage agreement on the following indicated real estate (the instant real estate):

Article 1 (Won 100,000,000) (Won 100,000) of the agreed amount (Won 60,000,000) The due date for payment of the above agreed amount shall not be determined separately, and the due date for payment of the above agreed amount shall be the time when A wishes or the date for sale by agreement between A and B.

Article 2 The method of repayment of the above amount shall be the method prescribed in Article 5, by which the registration of transfer of one half of the above real estate (hereinafter referred to as "share A") is issued to Gap or to a person who wants Gap, at the time Gap wants to do so.

except that.

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