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(영문) 광주지방법원목포지원 2017.09.07 2016가단1364
대여금
Text

1. The Defendant shall pay to the Plaintiff KRW 30 million with 15% per annum from January 22, 2016 to the day of complete payment.

Reasons

1. Basic facts

A. On July 5, 2014, the Defendant’s father, on behalf of the Defendant, agreed to sell in KRW 3602 square meters, and KRW 165 square meters, which was owned by the Plaintiff, to D, for KRW 300,00,00 on behalf of the Defendant, the Plaintiff entered into a special agreement that, on November 10, 2014, the Plaintiff agreed to change the buyer’s status to the Plaintiff, and that, on November 10, 2014, “the Plaintiff shall preferentially settle the land price to four households with the first priority after completion.”

B. The Plaintiff lent KRW 20 million to the Defendant on September 11, 2014, and KRW 10 million on November 28, 2014 (hereinafter “instant loan”).

C. The defendant is the plaintiff's above A.

In order to fulfill the obligation under the special clause of the port, Gwangju District Court 2015Kahap3022 filed a lawsuit claiming ownership transfer registration and an application for provisional injunction against real estate disposal (hereinafter referred to as "relevant lawsuit") in 2015Kahap484.

Paragraph (1): Paragraph (2) of the Building Agreement prepared by the Defendant on July 5, 2014 under the Agreement on the Contracts for the Sale of Real Estate, as of November 10 of the same year, and Paragraph (1) of the same Article, the Defendant’s procedures for the registration of ownership transfer under the accord and satisfaction agreement to the Plaintiff or to the person designated by the Plaintiff, along with the site right for the fourth floor E, G, and I apartment apartment in H, the fourth floor J, K, L, and M 4 apartment in H, as well as the site right for the fourth floor E, G, and H, and the procedure for the registration of ownership transfer for the land ownership of the land in the Jeon-gun E, G, and H3 lots, respectively, to the Defendant.

Paragraph 2: A) The Defendant shall implement the procedure for the registration of ownership transfer to the above 4 households of apartment units to the Plaintiff, and if the registration of ownership transfer with respect to K and L is not possible, the Defendant shall pay to one household the amount of KRW 260,000,000,000,000 to the bank account designated by the Plaintiff, which shall be KRW 130,000,000,000,000 per each household. However, with respect to the payment, the Defendant shall be the payment by the bank housing mortgage loan,

Paragraph 8: The plaintiff and the defendant shall agree within seven days.

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