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1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1..
Reasons
Basic Facts
The Defendant and C agreed to jointly develop each of the above forests and fields as well as to build a new building on the condition that the Defendant owns most of 4,231 square meters of the forest and field B, and C purchased D forest and field under the name of E and one other, its wife.
(C) On March 5, 2012, E, without fixing the due date, lent KRW 7 million to the Defendant without paying the local tax imposed on the forest land owned by the Defendant (hereinafter referred to as “the above land number”). The creditor prepared and issued the loan certificate as stated in E (the certificate attached to subparagraph (A) from the Defendant.
(2) On August 29, 2013, E transferred the instant loan claim to the Plaintiff and notified the Defendant of the transfer at that time.
C through E are unable to pay the purchase price of D forest land, the seller has filed a lawsuit to cancel the sales contract and request the cancellation of the name of building permit (Seoul High Court 2015Na8201), and the competent authorities have held hearing procedures to cancel the permission for development of forest land as above, and have filed a lawsuit to suspend construction work on the ground that the contractor has failed to pay the construction price, and seek the payment of the construction price against the defendant (U.S. District Court 2013Gahap8482), and the voluntary auction procedures for B forest land are in progress, and the above joint development projects between C and the defendant cannot be practically conducted prior to the filing of the instant lawsuit.
[1] The Plaintiff asserts that the original creditor of the instant loan is E, the transferor of the instant loan, and the payment of the instant loan is made. (i) The Plaintiff asserts that the original creditor of the instant loan is the transferor of the credit, and that the creditor of the instant loan is the transferor of the credit.