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(영문) 춘천지방법원 2019.11.06 2018가합50270
토지인도
Text

1. All of the plaintiff's claims are dismissed.

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

Reasons

1. Presumed factual basis

A. 1) C was accused of fraud due to the Plaintiff’s obligation to borrow KRW 1,50,000,000,000, which was borne by the Plaintiff. Since January 2014, C filed a request for detention warrant against C, and on January 27, 2014, C was arrested by the Chuncheon District Court. (2) On January 26, 2014, upon examination, C requested the Defendant to “the guarantee for the Plaintiff’s obligation to borrow KRW 500,000 out of the borrowed amount.”

3) Accordingly, on January 26, 2014, the Defendant agreed with the Plaintiff and the Defendant to the effect that “If C does not repay the Plaintiff the debt of KRW 500 million to the Plaintiff by July 30, 2014, the Defendant would transfer the right specified in the following paragraphs to the Plaintiff (hereinafter “instant agreement”).

- The Plaintiff, on January 27, 2014, did not repay the Plaintiff’s debt amounting to KRW 500 million to the Plaintiff by July 30, 2014, - approximately KRW 9,00,00, and KRW 4,00,00, and KRW 4,00, and KRW 4,00,00, and KRW 4,00,00, and KRW 50,00,00, and KRW 50,00,00,00, and KRW 16,00,00,00; and

B. The Defendant growing the Defendant’s tree planting and cultivating each of the above land by planting seven-year plant trees (in 2019, as of 2019) on each land listed in [Attachment 17-21, 23, and 24].

【Non-contentious facts, Gap’s evidence Nos. 1, 2, 4, 7, 9 (including branch numbers for those with additional numbers), Eul’s evidence No. 7, and the purport of the whole pleadings

2. Determination

A. The Plaintiff’s assertion is KRW 500 million from C to July 30, 2014.

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