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(영문) 서울중앙지방법원 2014.02.14 2012가합57397
손해배상(기)
Text

1. On April 20, 2012, the Defendant and Nonparty C concluded on April 20, 201 with respect to 1/20 shares of the real estate listed in the separate sheet.

Reasons

1. Basic facts

A. On March 26, 2007, the Plaintiff prepared a notarial deed to the effect that “the Plaintiff lent KRW 200,000,000 to D on March 26, 2007, and the maturity date shall be March 25, 2009, and interest shall be KRW 330,000 per month, and if D fails to repay the above loan, it shall be confirmed that there is no objection even if it is immediately subject to compulsory execution,” and C, the representative director of D, jointly and severally guaranteed the above debt of D.

B. On March 18, 2010, the Plaintiff prepared a notarial deed between C and C to the effect that “the Plaintiff lent KRW 250,000,000 to C on March 18, 2010, the maturity for payment shall be June 18, 2011, and interest shall be 22% per annum, and C shall be able to recognize and recognize that there is no objection even if it is immediately subject to compulsory execution,” and D shall jointly and severally stand debt of the said C.

C. On December 13, 2006, E completed the registration of each transfer in the name of the Defendant, who is the wife of C, and the remaining 1/20 shares in the 19/20 shares in the 19/10 of the 19/20 shares on the ground of the sale on December 8, 2006, Nos. 5 and 701 of the Seocho-gu Seoul Metropolitan Government Ground G Apartment apartment (hereinafter “instant G apartment”) on the ground of the sale on December 8, 2006.

After that, the instant G apartment was reconstructed, and on August 29, 201, the registration of ownership preservation (hereinafter “registration of ownership preservation”) was completed in the name of the Defendant with respect to the remaining 1/20 shares in the real estate listed in the separate sheet (hereinafter “instant real estate”) in the name of the Defendant, and in the name of C with respect to the remaining 1/20 shares in the name of the Defendant.

E. C completed the registration of ownership transfer on April 20, 2012 (hereinafter “the instant registration of transfer”) with the Seoul Central District Court No. 90262, Apr. 23, 2012, with respect to the portion of 1/20 of the instant real estate in its name as to the instant real estate.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, Eul evidence 4 to 6, the purport of the whole pleadings

2. The assertion and judgment

A. The gist of the Plaintiff’s assertion is that the Plaintiff has a claim of KRW 250 million against C.

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