Text
1. The defendant's District Court 2005Gahap5666 against the plaintiff (the defendant's action against the plaintiff as an independent party).
Reasons
1. Basic facts
A. On December 8, 2003, the Plaintiff filed a lawsuit claiming the implementation of the procedure for the registration of real estate ownership transfer (hereinafter “related lawsuit”) with the District Court 2003Kahap7200 against the Hobu District Court Decision 2003Kahap7200.
B. On August 10, 2004, the Plaintiff prepared and rendered to the Defendant a certificate of borrowing (Evidence A No. 1; hereinafter “the certificate of borrowing of August 10, 2004”) that “6,00,000 won is to be repaid by October 30, 2004.”
C. On December 13, 2004, the Plaintiff and the Defendant concluded a monetary loan contract (No. 2-1, hereinafter referred to as “money loan contract of December 13, 2004”) and a right transfer contract of December 2-2 and hereinafter referred to as “the right transfer and takeover contract of this case” are as follows.
) Written agreement (Evidence A No. 2-3) was drawn up.
- Money borrowed-contract -
1. The defendant shall pay KRW 20,000,000 to the plaintiff by December 13, 2004.
2. The Plaintiff shall deliver the above amount to the Defendant with the name and seal affixed to the instant contract for the transfer and takeover of rights, which was prepared separately.
3. The date of repayment of the loan shall be until March 30, 2005.
4. The defendant shall, upon receiving the repayment of the loan, refund the contract of the transfer and takeover to the plaintiff.
On December 13, 2004, Paragraph 4 of Paragraph (1) of the Money Borrowing Contract (Evidence A No. 2-1) states that "the plaintiff shall immediately return the right transfer and takeover contract to the defendant upon receiving the repayment of the borrowed amount." However, the above mentioned sources and the defendant's indication appears to be erroneous.
5.The receipt shall not be issued separately, but shall be substituted by this Certificate.
6. The repayment of a loan shall be deposited into the Defendant’s designated account.
- A contract for the transfer of rights - The transferee of the Plaintiff: The transferee of the right to transfer to the Defendant: The transferee of the rights and obligations indicated in the agreement entered into on January 9, 2003 with the Dolcheon-si, 38 in the Dolcheon-si, the Dolcheon-si, the Dolcheon-si, the Dolcheon-si, the Dolcheon-si, the Dolcheon-si, the Dolcheon-si,