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(영문) 대전지방법원 2016.10.06 2016나3087
채무인수금
Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

Reasons

Basic Facts

On June 15, 2012, the Plaintiff loaned KRW 20,000,000 to the head of the Defendant, the Defendant’s mother, at interest rate of 20% per annum, and until August 14, 2012 (hereinafter “instant loan”); and D, the Defendant’s head, guaranteed the Defendant’s debt to the Plaintiff.

On September 10, 2013, the Plaintiff received a decision of provisional attachment against D’s share of D (hereinafter “each of the instant real estate”) among D’s 61.62 square meters in a single-story farm house in the G ground, a single-story farm house in the Dong-gu, Chungcheongnam-si, Chungcheongnam-si, which is jointly owned by D and E one-half each on September 10, 2013 (Seoul District Court Decision 2013Kadan6290), and the provisional attachment registration was completed on September 10, 2013 as of September 23620, 2013.

(hereinafter “Provisional Attachment.” Meanwhile, on the other hand, the registration of voluntary decision on commencement of auction was completed as of December 16, 2014 on each of the instant real estate as of March 22, 2012, the amount of claims and obligations of the Daejeon District Court No. 7761, which was received as of March 22, 2012, the debtor, the defendant, and the mortgagee of the right to collateral security, and the registration of the establishment of a neighboring community, which was established as a Saemaul Community Depository of the Korean War. However, according to the application for the registration of the decision on commencement of auction, the registration of voluntary decision on commencement of auction was completed as of December 3214, 2014

D and E sold each of the instant real estate to J on August 13, 2015 (hereinafter “instant sales contract”); on the same day, D and E sold each of the instant real estate to the Defendant Company, the representative director of which was known, and on August 13, 2015, the registration of cancellation of the registration of the said voluntary decision on commencement of auction was completed on the ground of withdrawal as the receipt of No. 21225 on August 13, 2015.

Around that time, I agreed to pay KRW 20,000,000 out of the purchase price to the Plaintiff and E each of the KRW 10,000,000,000, respectively, in order to cancel the registration of provisional seizure of this case. E again agreed to pay the Plaintiff KRW 10,000,000 per ten times a month between the Plaintiff and the Plaintiff.

3.

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