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(영문) 의정부지방법원 2016.10.06 2014가합58006
기타(금전)
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Presumed factual basis

A. On July 15, 2004, C, including the conclusion of the instant contract, concluded a contract (hereinafter “instant contract”) with the Defendant, a representative of the D D D D D D D D D D D D D D D D D D D D D D D (hereinafter “instant church”), under which he/she had such representative, transferred the status of the representative director of G’s social welfare foundation, which is the owner of the E-mail 1,016 square meters and its ground building (F childcare centers), and concluded a contract with the Defendant for the price of KRW 900,000 (hereinafter “instant contract”).

C on September 20, 2004, the Defendant, the representative of the instant church, added “C transfers the ownership of a parcel of land and a building on the land and a building on the ground, which is no longer than 579§³, to the instant church” as the content of the instant contract, and the price was also changed from KRW 900,000,000 to KRW 1,80,000.

Of the price of KRW 1,375,00,000 for the instant contract, KRW 1,375,000,000,000 shall be substituted by the acceptance of C’s obligation, and the remainder of KRW 425,00,000 (hereinafter “the remainder of this case”) shall be paid until December 31, 2008, and a promissory note in the name of an individual shall be issued in order to ensure the certainty of the execution of the remainder of this case.

B. On September 20, 2004, the Defendant, including the issuance of the Promissory Notes of this case, issued one copy of the Promissory Notes (hereinafter “the Promissory Notes of this case”) stating the payee C, the face value of 425,000,000, and the due date on December 31, 2008, the place of payment, the place of payment, and the place of issuance, respectively, and delivered them to C.

On September 20, 2004, C and the Defendant drafted a notarial deed of promissory notes to the effect that if the Defendant delays the payment of the instant promissory notes, compulsory execution shall be accepted.

C. On August 6, 2004, the Defendant, who is the representative of the instant church, was appointed as the representative director of the G of the social welfare foundation, as well as the building owned by G of the social welfare foundation.

On September 15, 2004, the instant church is related to the land of four lots and the building of a child-care center, which are located in the area of H large 579 square meters and located on the land.

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