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(영문) 의정부지방법원 2019.10.25 2018가합53481
청구이의
Text

1. No. 232 of the 2016 deed prepared on March 16, 2016 by a notary public C belonging to the Office of the Government's Office of Public Prosecutor against the plaintiff of the defendant.

Reasons

1. Basic facts

A. A. Around July 2014, the Defendant: (a) set a KRW 100 million at the monthly interest rate of 10% on the Plaintiff’s model D and lent it to the Plaintiff’s model D.

B. As between D and September 17, 2014, the Defendant settled the money that the Defendant lent to D at KRW 150 million (hereinafter “instant loan”) between D and D (i.e., the Defendant’s agreement as of September 17, 2014).

D) At the time D and E (hereinafter “E”)

(2) On September 17, 2014, the Defendant agreed to pay the Defendant the amount of KRW 150 million and interest calculated by 2% per month from September 17, 2014. On the same day, the Defendant purchased from the Plaintiff the F building (hereinafter “F building”) G from the Namyang-si, and concluded a sales contract with the effect that KRW 310 million will succeed to the Defendant’s secured debt as set forth in the said G, and the remainder KRW 150 million will be paid by settling accounts in accordance with the result of the judgment following the judgment of the court.

3) Although the lawsuit with E was completed, D did not pay the above loan amount to the Defendant, and F building G sold the loan amount to another person at a voluntary auction on November 13, 2015. (c) When the Defendant demanded D to repay the loan of this case, D transferred F building H and I to the Defendant on November 11, 2015 in lieu of the payment of the loan of this case, and D transferred the loan of this case to the Defendant on November 11, 2015, but the obligation of KRW 170 million to J association was succeeded to the Defendant, and the remaining registration of restriction on rights was completed by arranging D to register the transfer of ownership to the Defendant by March 15, 2016, and if D fails to perform it, the Plaintiff agreed to pay 400 million won as penalty for breach of contract (hereinafter “instant agreement”). The Plaintiff jointly and severally guaranteed the obligation of this case under the instant agreement.

(hereinafter “Joint and Several sureties” 2 thereafter, D did not transfer the ownership of F building H and I to the Defendant until March 15, 2016, and each of the above subparagraphs.

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