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(영문) 의정부지방법원 2019.06.20 2017가단16778
자동차명의이전
Text

1. The Plaintiff (Counterclaim Defendant) shall deliver each of the vehicles listed in the attached Forms 1 and 2 to the Defendant (Counterclaim Plaintiff).

2...

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. From December 2015, the Defendant entered into a contract with the Plaintiff to transfer the instant marina (hereinafter “instant contract”) on April 17, 2017, with the trade name called “FE” (hereinafter “instant marina”) from Seongbuk-gu, Seongbuk-gu, Seongbuk-si, Seongbuk-si, Sung-si, and entered into a contract with the Plaintiff to transfer the instant marina (hereinafter “instant contract”). In doing so, the Defendant entered into the following terms and conditions (a evidence No. 1; hereinafter “instant contract”).

Since the plaintiff of the contract and the defendant trade the Frant in Section C, they confirm that the contract is concluded at the price of KRW 70 million among the down payment of KRW 350 million in total.

On April 17, 2017, KRW 70 million shall be transferred by account transfer on April 19, 2017.

B. From April 19, 2017 to May 15, 2017, the Plaintiff paid the Defendant totaling KRW 240 million to the contract price of this case.

In addition, the Plaintiff and the Defendant concluded that KRW 71.6 million was paid out of the contract price of this case in the manner that the Plaintiff acquired the obligation to refund the lease deposit of KRW 50 million with respect to the Maccop in this case, and pays the goods price, electricity charges, etc. related to the Eccop in this case.

After that, on May 15, 2017, the Plaintiff and the Defendant’s wife G drafted a notarial deed (Evidence A 4) stating that the Plaintiff borrowed KRW 350 million from G on April 30, 2017, KRW 384 million on a yearly basis, and KRW 384 million on December 31, 2017.

C. On April 24, 2017, the Defendant transferred the name of the lessee in relation to the shopping mall (50 million won) where the instant marina is located, and on May 1, 2017, the name of the lessee in relation to the said shopping mall E (40 million won) was transferred to each Plaintiff.

On May 1, 2017, the Plaintiff changed the business registration of the instant marina to the Plaintiff’s name, and thereafter, the instant marina from that time.

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