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(영문) 서울중앙지방법원 2019.02.19 2017가합546977
청구이의
Text

1.(a)

Law Firm Ethical 19 January 19, 2009, No. 57 of the 2009 Certificate against the Plaintiff (Counterclaim Defendant) of the Defendant (Counterclaim Plaintiff).

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. The pertinent Plaintiff of the parties is a person who had a relationship with Defendant B from around 2003 to May 2008, and Defendant D’s children, Defendant B’s children, and Defendant C’s children.

B. On October 25, 2006, the registration of ownership transfer was completed on November 20, 2006 with respect to the land of Pyeongtaek-si F 2,866 square meters and G 2,490 square meters, which was owned by H on November 20, 2006, with respect to the land of Pyeongtaek-si F 2,866 square meters and G 2,866 square meters which was owned by H, and the registration of ownership transfer was also completed on October 20, 206 with respect to the land of Pyeongtaek-si 2,490 square meters which was owned by H on October 20, 206 under the name of Defendant B, on which the registration of ownership transfer was completed under the name of Defendant B on November 20, 206, Defendant B obtained the maximum debt amount KRW 325,000,000,000, and the Plaintiff was established as the Plaintiff as the said Plaintiff’s loan or the Plaintiff’s livestock cooperative (hereinafter “I livestock cooperative”).

In addition, on January 21, 2008, Defendant D created a collateral on the land of Pyeongtaek-si, the maximum debt amount of which is KRW 460,000,000,000, the debtor, the plaintiff, and the mortgagee of the right to collateral security, and the plaintiff used the collateral amount of KRW 350,000,000 as a collateral.

C. When it is discovered that the Plaintiff introduced several real estate including the land listed in the above Paragraph (b) above to the Defendants, and purchased the real estate on behalf of the Defendants, and that the real estate seller was paid more money than the purchase price actually paid from the Defendants as the purchase price, on January 19, 2009, the following performance agreement between the Defendants (hereinafter “instant performance agreement”) is concluded.

1. The plaintiff 690,520. The sum of paragraphs (1) through (3) below is 690,520.

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