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(영문) 서울북부지방법원 2017.11.28 2016가단32244
소유권확인의 소
Text

1. The instant lawsuit shall be dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. The Defendant is registered as the owner in an unauthorized building management ledger kept by the head of Seongbuk-gu Seoul Metropolitan Government with respect to an unauthorized building listed in the attached list (hereinafter “instant building”).

B. On April 15, 2008, D, with the power of attorney in the name of the defendant, prepared a written consent with the plaintiffs and notary public as mentioned below, and obtained the above written consent from Law Firm No. 1795. On the same day, D signed a lease agreement with the plaintiffs that leases the building of this case to the plaintiffs in KRW 100,000,000,000,000 for face value of KRW 136,000,000,000 for face value of the issuer and D, with the notary public as the same law firm No. 539.

As to the instant building, the consent letter borrowed the principal amount of KRW 100 million and consented to the following matters:

(1) Principal KRW 100 million, interest 3% per month, and period from April 2008 to April 2010 (the period for borrowing money shall not exceed two years) (2) If an obligor and a guarantor are unable to repay, the following matters shall be agreed:

The creditor shall determine the tenant as the tenant of the lease on a deposit basis, and agrees to recover the lease on a deposit basis.

(B) The debtor of Promissory Notes shall issue to the creditor KRW 136 million.

(Issuance of Promissory Notes in addition to KRW 100,000,000 per day when the principal of the Promissory Notes is unpaid, and KRW 36,00,00 per day shall be paid at 3% of the monthly interest when the debtor is repaid within the loan period.

When the association is authorized by the head of Seongbuk-gu within the period of borrowing, and the resident registration is transferred within three months from the date of public inspection of the designation of the redevelopment project area, the approval for the project shall be determined and the rental housing shall be

The interest on a month at the end of each month shall be paid at the end of 3%.

㉳ 채무자가 만기일에 상환치 못할시는 채권자가 지상건물을 양수한다.

Obligor D, C A, B Ha

C. Defendant and D did not pay KRW 100 million to the Plaintiffs.

[Ground of recognition] There is no dispute.

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