(영문) 의정부지방법원고양지원 2015.08.21 2014가합7094

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(영문) 의정부지방법원고양지원 2015.08.21 2014가합7094

양수금

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1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On December 27, 2006, the Defendant and the non-party Jincheon Construction Co., Ltd. (hereinafter “the non-party company”) concluded a contract with the non-party company to sell KRW 960 million each of the instant real estate (hereinafter “the instant contract”) to the non-party company at KRW 2453m2 and D previously KRW 1283m2 (hereinafter “each of the instant real estate”).

B. On December 22, 2006, the executive officers of the Defendant, including the Defendant’s representative E, prepared a letter (hereinafter “instant letter”) with respect to the non-party company. The contents are as follows.

In selling each of the real estate owned by the defendant by the clans' meeting, the defendant will be legally responsible for the representative and the members present at the clans' meeting and all of the problems that may arise after the registration of ownership transfer.

C. The Defendant received respectively the payment of KRW 10 million on December 29, 2006 and KRW 860 million on November 26, 2007 from the non-party company as the purchase price (hereinafter “the purchase price in this case”).

Around April 2013, the Plaintiff and F, as a division of property following a divorce, entered into an agreement with F to the effect that F will take over the claim amounting to KRW 3 billion from F out of the claim for advance reimbursement against the non-party company incurred pursuant to the real loan obligations of the non-party company (SP G and H). On April 11, 2013, the board of directors of the non-party company made a resolution to the effect that the non-party company will transfer the claim amounting to KRW 960,000,000,000 and the claim amounting to the interest accrued from the instant sales contract against the defendant of the non-party company as part of the performance of the claim for transfer of the non-party company’s claim against the non-party company. The non-party company sent to the Defendant by content-certified mail, which contains the content of the credit transfer, at that time reaches the Defendant.

[Ground of recognition] Facts without dispute, Gap evidence 1 to 7, Eul evidence 1 and 2 respectively.

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