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(영문) 대전지방법원 서산지원 2017.01.12 2015가합51189
대여금
Text

1. The Defendant (Counterclaim Plaintiff) shares 1/3 of each of the lands listed in the separate sheet Nos. 1, 2, and 3 from the Plaintiff (Counterclaim Defendant).

Reasons

A principal lawsuit and counterclaim shall also be deemed a principal lawsuit and counterclaim.

1. Facts of recognition;

A. In early 2010, the Plaintiff entered into a joint investment contract with the Defendant and C to purchase the land listed in the attached Table No. 1 (hereinafter “D land”) from the market price at a lower price than the market price, and then divide profits by selling.

B. The Plaintiff, on April 5, 2010, sent to the Defendant a total of KRW 140 million, including KRW 40 million on February 24, 2010, KRW 100 million on April 5, 2010, and KRW 100 million on April 5, 2010, respectively.

The defendant purchased DNA land and completed the registration of ownership transfer in the name of the plaintiff on April 5, 2010.

C. On October 2010, the Defendant recommended the Plaintiff and C to purchase each land listed in the separate sheet Nos. 2 through 5 of the annexed sheet Nos. 2 through 5 (hereinafter referred to as “Ei land”; when each of the above land is individually named, it shall be specified as a parcel number). The Plaintiff, the Defendant, and C jointly purchased the land, and then divide their profits.

(hereinafter referred to as “instant contract” by combining joint investment agreements with Drown land.

The Plaintiff and the Defendant paid the Defendant a total of KRW 350 million, including KRW 10 million on November 12, 2010, KRW 200 million on December 7, 2010, KRW 50 million on December 31, 2010, KRW 350 million on December 31, 2010, KRW 350 million on October 25, 2010, KRW 60 million on November 15, 2010, KRW 60 million on December 27, 2010, KRW 250 million on December 7, 2010, respectively.

On December 31, 2010, the defendant purchased Ei land and completed the registration of ownership transfer in the name of F, G land under the name of the plaintiff, H, and I in the name of the defendant's wifeJ.

E. As to the DNA land on December 17, 2010, the right to collateral security was established with the maximum debt amount of KRW 520 million, the debtor, the debtor, and the debtor, the defendant, and the debtor, and the debtor, the agricultural cooperative based on the right to collateral security, and was terminated on November 12, 2015.

F. As regards F and G land on January 20, 201, the maximum amount of debt is KRW 520 million, the debtor, the plaintiff, and the mortgagee of the right to collateral security shall be the Songsan Agricultural Cooperative.

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