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(영문) 청주지방법원충주지원 2016.01.20 2015가단2358
구상금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Fact-finding;

A. On June 16, 2008, the Plaintiff lent KRW 60 million to the Defendant. In order to secure the loan claims, the Plaintiff entered into a sales contract with the Defendant as to D Co., Ltd. (hereinafter “D”) with the Defendant’s representative director, and the 3 bonds of the building building building building building building building building building building building building building building building building building building building building building building building building owned by the said company (hereinafter “instant building”).

B. The Plaintiff filed a lawsuit against D seeking the implementation of the procedure for ownership transfer registration on the ground of the above contract regarding the instant building, etc.

(B) On December 7, 2010, the Plaintiff and D (Defendant) entered into an agreement (Law No. 3053, Law Firm Open, Law Firm 2010; hereinafter “Agreement of this case”) containing the following contents in the process of the said lawsuit on December 7, 2010.

D The Plaintiff shall complete the registration of ownership transfer concerning the instant building.

The Plaintiff obtained a loan of KRW 120 million as security and received a loan to the Defendant for the loan (based on KRW 80 million at the time). The Plaintiff reimburses the F’s provisional attachment (based on March 11, 2009) established on the instant building with a claim of KRW 33 million.

When the above matters are implemented, the plaintiff shall complete the registration of ownership transfer to D again.

C. Pursuant to the instant agreement, D completed the registration of transfer of ownership based on the transfer of security on the instant building on February 1, 2011 to the Plaintiff on February 1, 2011

(Ma) Even in the litigation related to the above Chungcheong Assistance, D was decided to recommend a settlement with the purport that D would complete the registration of ownership transfer with respect to the building of this case to the Plaintiff. However, since there was the agreement between the Plaintiff and D, the said decision of recommending settlement became final and conclusive on July 13, 201, as F’s above provisional attachment claim amounting to KRW 33 million was repaid, and the provisional attachment registration was cancelled on July 13, 201.

The above provisional seizure claims are between the plaintiff and the defendant.

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