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(영문) 부산지방법원동부지원 2017.11.30 2016가단7571
손해배상(기)
Text

1. Plaintiff (Counterclaim Defendant) A: (a) KRW 32.4 million to the Defendant-Counterclaim Plaintiff; and (b) from June 22, 2017 to November 30, 2017, with respect thereto.

Reasons

1. Basic facts

A. The Plaintiff A and the counterclaim Defendant G decided to purchase part of the 813 square meters of land E in lightyang city E in the name of the counterclaim Defendant G (hereinafter “B”), around June 2013, in the name of the husband’s family relation (hereinafter “Plaintiff A and the counterclaim Defendant G”), and on August 12, 2014, in the name of the counterclaim Defendant G, part of the 813 square meters of land E in lightyang city in the name of the counterclaim Defendant G (hereinafter “mining land”), and on August 12, 2014, the Defendant purchased from the counterclaim Defendant B, who is the registered titleholder, with respect to the share of the said forest

7. 30. The registration of ownership transfer was completed on the ground of sale.

B. On October 10, 2014, Plaintiff A entered into a sales contract with the Defendant and Busan Shipping Daegu FF building, and E mobile 2 (hereinafter “FF Loans”) by setting the purchase price of KRW 550 million on the date of the contract, and the first intermediate payment of KRW 1875 million on October 30, 2014, as long as the first intermediate payment of KRW 1875 million is set up in FF Loans, Plaintiff A assumed and paid the loan obligations of the FF Loans, and the second intermediate payment of KRW 1225 million on October 30, 2014 and the remainder of KRW 200 million on January 30, 2015.

C. On October 27, 2014, the Plaintiffs rescinded the agreement on the sales contract with the Defendant on the optical land.

Plaintiff

On November 28, 2014, A and the Defendant agreed to increase the F Lending in the price of KRW 650 million again on November 28, 2014, and agreed to register the right to lease on a deposit basis or to register the provisional registration of the right to lease on a deposit basis after the loan of KRW 50 million to the Plaintiff and KRW 330 million,00,000,000,000,000,000,000, in total, as security for F Lending, was extended to the Plaintiff as the down payment. The Defendant agreed to lease the F Lending for a period of one year and replace it with the Plaintiff, first, to register the right to lease on a deposit basis or to register the provisional registration after completing the registration of the right to lease on a deposit basis to the Plaintiff A.

E. On December 11, 2014, the Defendant completed the registration of ownership transfer with respect to F lending to Plaintiff A for reasons of sale on October 20, 2014.

F. On March 31, 2015, Plaintiff A obtained a loan of KRW 2224 million from the National Bank on the security of F lending from the National Bank, and against Korea Light Bank.

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