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(영문) 의정부지방법원 2015.02.13 2013가합8080
양수금
Text

1. The defendant shall be the plaintiff.

A. As to the real estate stated in the separate sheet, it is based on an agreement of transfer security on August 17, 2012.

Reasons

1. Determination as to a claim for ownership transfer registration among the main claims

A. On May 17, 2012, the Plaintiff entered into an investment and loan agreement with an urban sea-based company (hereinafter “non-party company”) to lend KRW 300 million to the non-party company, and to purchase two rooms within the non-party company in Namyang-si, Namyang-si, which is implemented by the non-party company, at KRW 976 million. The Plaintiff paid KRW 300 million to the non-party company on May 17, 2012 and KRW 10 million on May 24, 2012.

However, on August 17, 2012, the non-party company, who did not start the above-mentioned B, prepared a performance certificate promising to repay the above KRW 300 million to the plaintiff under the defendant's guarantee, and the defendant entered into a contract with the plaintiff to sell the above KRW 300 million as a collateral security agreement with regard to the above KRW 300 million on the same day.

[Ground of recognition] The fact that there is no dispute, Gap evidence 1-2, Gap evidence 55, and 56 (including a variety number if there is no separate mark; hereinafter the same shall apply) and the purport of whole pleadings

B. According to the above facts of recognition, the Defendant is obligated to implement the registration procedure for ownership transfer on August 17, 2012 with respect to the real estate stated in the attached Form to the Plaintiff.

2. Determination as to the claim for the amount of money taken over among the main claims

A. The facts of recognition have been determined and lent to the non-party company a total of KRW 80 million on October 10, 2012, and KRW 40 million on October 19, 2012 to the non-party company as interest rate of KRW 2% on a monthly basis. The non-party company succeeded to the rights and obligations of the non-party company with respect to the development of the neighborhood living facilities in a separate housing site development zone (hereinafter referred to as the “instant project”) in the Namyang-si-si, the non-party company loaned KRW 455,675,000 to the Korea Land and Housing Corporation on May 18, 2010, ② the non-party company loaned the non-party company as operating expenses of the instant association.

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