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(영문) 수원지방법원 2016.08.12 2014가합71296
대여금
Text

1. The Ciplomatic Association of Defendant A is the Plaintiff’s KRW 100,034,376 and its related amount from November 8, 2014 to September 30, 2015.

Reasons

1. Basic facts

A. On September 16, 201, the Plaintiff purchased the G site and ground buildings in Suwon-gu, Suwon-si, Suwon-si, and H religion site and ground buildings (hereinafter “instant real estate”) from the FIE (hereinafter “FI”) from the FIE Association (hereinafter “FI”), in the purchase price of KRW 850 million.

At the time, the right to claim for ownership transfer was established by the Yangju Livestock Cooperatives (hereinafter “ Yangju Livestock Cooperatives”) with the maximum amount of debt KRW 2.6 billion. However, on October 5, 201, the F church members I completed the registration of the right to claim ownership transfer on five real estate located in the Chungcheongnam-gun, Chungcheongnamyang-gun, Chungcheongnam-do (hereinafter “Mayang-gun real estate”) in order to secure the performance of the right to claim ownership transfer registration of the instant real estate.

B. Meanwhile, as the Plaintiff’s provisional registration for the right to claim ownership transfer was not given to the Plaintiff, the Association of Religious Organizations (hereinafter “KI”) proposed that the Plaintiff would assist in cancelling the right to claim ownership transfer by bearing KRW 150 million out of the amount of the collateral security debt against the Yang Yangyang-gun Cooperative established on the instant real estate, if the registration for the right to claim ownership transfer was cancelled, and that the Plaintiff would have been able to cancel the right to claim ownership transfer.

Accordingly, on May 27, 2013, the Plaintiff cancelled the registration of the provisional right to claim ownership transfer, which was completed on the real estate of the above Yangyang-gun on the same day, and I completed the registration of ownership transfer in the name of the Defendant A Religious Organization C Educational Association (hereinafter “Defendant church”).

C. Since then, the Plaintiff and the KIB filed a “Fu” program, which is a debt settlement program for both states as a successor to the instant real estate, and the KIB had the overdue interest reduced or exempted from the TIF.

However, the Korean church, which had no means to repay the debt of the right to collateral security against the two Koreas Mutual Aid Association, demanded the Plaintiff to lend KRW 80,034,376 to the Plaintiff, and the Plaintiff on October 2, 2013.

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