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(영문) 인천지방법원부천지원 2016.08.12 2016가단6332
청구이의의소
Text

1. The plaintiff's document of monetary loan contract No. 30 against the defendant is based on the certificate of monetary loan contract.

Reasons

1. The Plaintiff’s assertion, D, E, F, G, and H (hereinafter “Plaintiff, etc.”) bears the Defendant KRW 200,000,00 for the construction cost of removal of the building on the ground outside 11 parcel of land in Dongducheoncheon-si, and the Plaintiff, etc. prepared the instant notarial deed that the Defendant borrowed KRW 110,00,000 from the Defendant for the repayment of the said construction cost obligation on July 19, 2012. Upon the Defendant’s filing an application for the commencement of compulsory auction on the basis of the instant notarial deed, the Plaintiff, etc. agreed with the Defendant on June 2, 2014 (Evidence 6) and received a withdrawal of the said request for auction by paying KRW 24,00,000 to the Defendant according to such agreement.

Plaintiff

Since the defendant agreed not to raise any civil or criminal objection, the notarial deed of this case is null and void or the notarial deed of this case becomes null and void in accordance with the above agreement, which is an ordinary contract, so compulsory execution based on the notarial deed of this case shall not be permitted.

2. The plaintiff et al. and the defendant agreed with each other in relation to the legal dispute that occurred during that period with the following contents, and they will not thereafter raise any civil or criminal objection (Provided, That the parties shall be bound to faithfully implement the following contents), and they shall prepare this agreement and keep one copy of each agreement.

1. The plaintiff et al. to the defendant:

(a) Payment in cash of KRW 24,00,000 shall be made on June 2, 2014;

B. At the end, 301, Dong-dong, located in Dong-cheon City I, a building permit was granted in F name among debtors, and a construction permit and registration of ownership preservation will be granted in F name in the future. Thus, this part shall be immediately granted registration of ownership preservation or registration of ownership transfer in the name of creditor, Defendant, and Defendant 1. However, the above I-dong loan 301, which was granted by payment in kind, limits a disposition separate from all limited real rights, such as mortgage, provisional attachment, etc., on the building itself and related site rights

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