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(영문) 전주지방법원 2016.08.31 2015가단8669
차용금 등
Text

Defendant B’s KRW 34,786,365 to the Plaintiff and KRW 5% per annum from October 22, 2015 to August 31, 2016.

Reasons

1. Facts of recognition;

A. 1) D, in relation to the registration of ownership transfer of the instant real estate, shall be from Puritius Co., Ltd. to 6,650 square meters (hereinafter “instant real estate”).

The purchase price of the instant real estate was transferred to FF, etc., and F, on April 18, 2008, took out a loan of KRW 3.4 billion from the National Agricultural Cooperative Federation of the Agricultural Cooperatives and paid the remainder of the purchase price of the instant real estate (the maximum debt amount of KRW 4 billion was registered and the creation of superficies was completed on the same day.

The registration of ownership transfer was completed in the name of G, H, I, J, K, K, F, or L on the same day, and thereafter, the registration of ownership transfer was made in sequence as shown below with respect to the instant real estate.

GH I M JNO L L PP QR S

B. In the event that the interest on the debt of the instant loan amounting to KRW 3.4 billion was overdue, the Agricultural Cooperatives Federation filed an application for voluntary auction on the instant real estate and received a voluntary decision on commencement of auction on October 5, 2010 (Seoul District Court Gunsan Branch T). P andO extended a loan of KRW 4 billion from the Busan Fisheries Cooperatives, the High Military Cooperatives, the High Military Fisheries Cooperatives, and the High Military Fisheries Cooperatives, and the subordinate Military Fisheries Cooperatives, the amount of KRW 4 billion on March 2, 2011 (hereinafter “the instant loan obligation”).

(ii)The registration of the establishment of a mortgage and of the creation of superficies in the name of the Seoan Fisheries Cooperatives (the maximum debt amount of KRW 2.34 billion in the title of the Seoan Fisheries Cooperatives on the same day, the registration of the establishment of a mortgage of KRW 650 million in the name of the Chang-gun Fisheries Cooperatives, the registration of the establishment of a mortgage of KRW 6.5 billion in the maximum debt amount in the name of the Chang-gun Fisheries Cooperatives, the registration of the

) The obligation to pay the above loans to the Agricultural Cooperatives Federation (as of March 2, 201, the obligation to pay the above loans was the principal amounting to KRW 3.4 billion, overdue interest amounting to KRW 296,763,538.

) On March 2, 2011, the registration of the establishment of a neighboring mortgage and the establishment of superficies under the name of the Agricultural Cooperatives Federation was cancelled, and the said application was withdrawn on March 7, 2011. 2) thereafter, the Plaintiff.

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