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(영문) 수원지방법원 2016.01.22 2014가합8090
매매대금 및 대여금 등
Text

1. Defendant B’s KRW 11,00,000 as well as 5% per annum from February 24, 2010 to January 22, 2016 to the Plaintiff.

Reasons

1. Basic facts

A. As to the land of this case 1), the Plaintiff and Defendant B, together with Defendant B on October 8, 2004, are the Plaintiff’s land of this case 1,654m2 (hereinafter “the instant land”).

) A sales contract was concluded to purchase KRW 160,000 for 160,000 (hereinafter “the instant one land sales contract”).

2) However, the Plaintiff and Defendant B, who did not obtain land transaction permission as the instant land is located within the land transaction permission zone, did not receive the registration of ownership transfer even if they paid the purchase price pursuant to the land transaction contract of this case to E from the time of the said contract to August 26, 2005.

3) However, on August 23, 2005, the Plaintiff is the maximum debt amount of 84,000,000 won on the land of this case, and the remaining agricultural cooperatives with the right to collateral security (hereinafter “Namyang Agricultural Cooperatives”).

(2) On August 24, 2005, the right to collateral security (hereinafter “the right to collateral security”) was established against the Plaintiff. The right to collateral security (hereinafter “the right to collateral security”) is established against the Plaintiff.

(4) On November 17, 2009, the Plaintiff created a transfer angle (hereinafter “instant transfer angle”) to the effect that the Plaintiff would transfer the Plaintiff’s 1/2 shares out of the instant land to Defendant B, and Defendant B acquired the registration of ownership transfer of the instant land by means of sale around February 23, 2010 with land transaction permission after obtaining a land transaction permission.

5) On November 19, 2009, Defendant B paid KRW 9,000,00 to the Plaintiff. On March 8, 2010, Defendant B repaid the said KRW 60,000,000, which was the secured debt of the instant land-mortgage 1 to the Namyang Agricultural Cooperatives, instead of the Plaintiff, and cancelled the instant land-mortgage 1. B. As to the instant land 2, the instant land was located within the land-permitted zone.

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