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(영문) 대전지방법원 2015.04.22 2013가합9905
약정금
Text

1. The Defendants: (a) KRW 100,000,000 to the Plaintiff; and (b) 5% per annum from December 10, 2013 to April 22, 2015 to the Plaintiff.

Reasons

Basic Facts

Defendant C was punished by the Plaintiff, and Defendant B was denied by Defendant C.

[Agreement 1] The balance of the money lent by the Plaintiff to the Defendants is KRW 116 million.

Plaintiff

Mortgage 57 million won and church buildings in Sejong Special Self-Governing City E with respect to 506 units of D buildings in the name of the defendants shall belong to all the defendants.

The Defendants, instead of the above loan amounting to KRW 116 million, shall give the Plaintiff the above F Return 575 square meters and G Return 55 square meters, plus KRW 70 million.

On April 29, 2004, the Plaintiff entered into an agreement with the Defendants on the following terms (hereinafter “Agreement”) with respect to the repayment of the amount that the Plaintiff previously lent to the Defendants:

On October 30, 2009, the Defendants concluded an agreement (hereinafter “Agreement 2”) with the Plaintiff on October 30, 2009, under which the Defendants paid KRW 30 million out of KRW 70 million to the Plaintiff under the first agreement.

[2] The Plaintiff is entitled to transfer the ownership of H and G (hereinafter “instant land”) owned by Defendant B to the Plaintiff, and if the land owned by Defendant B is sold and sold after the next day, the obligation of loans, which is the secured debt of the right to collateral security established on the instant land, shall be repaid.

Since the deposit amount of Defendant C’s Certified Judicial Scriveners Office (No. 506) KRW 57 million is the deposit amount of Defendant C, the Plaintiff is accepting the registration of transfer of collateral security regarding the said office.

The housing located in the above E transfers ownership to I, etc.

It is reasonable to complete all obligations by transferring the ownership of the land in this case.

capital gains tax shall be borne by the Plaintiff.

Defendant B completed the registration of ownership transfer of the instant land in accordance with the Agreement on December 18, 2009.

E. The Defendants, which had been established on the instant land, did not exceed KRW 100 million as the secured debt of the right to collateral security, which is the secured debt of the right to collateral security amounting to KRW 130 million with the debtor C, the maximum debt amount of the right to collateral security.

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