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(영문) 인천지방법원 2015.04.09 2013가합7741
매매대금 등
Text

1. The Plaintiff, Defendant C, and Defendant C, jointly with Defendant C, KRW 201,50,00,00, and KRW 200,000 among the said money, respectively.

Reasons

1. Basic facts

A. The Plaintiff is the owner of the land of 1,666 square meters in Incheon Strengthening-gun E (hereinafter “instant land”), and Defendant B and C are the mother-child company.

B. Around December 1, 201, the Plaintiff agreed with Defendant C to sell the instant land at KRW 251.5 million to the said Defendant. Around December 1, 201, the Plaintiff agreed to lease the instant land at KRW 1,421.7 square meters and part of dry field 241.9 square meters, which is owned by the Plaintiff, with the rental fee of KRW 8 million from January 1, 201 to December 31, 2016 (hereinafter “instant first agreement”).

C. In addition, the Plaintiff lent KRW 5 million to Defendant C on December 16, 2011.

On February 20, 2012, the Plaintiff agreed to be paid the purchase price under the instant agreement with Defendant B and C as the money loaned as a collateral to a financial institution. On February 20, 2012, the Plaintiff, as the owner of the instant land, was transferred KRW 2666 million with respect to the instant land via an account in the name of Defendant D, and KRW 50 million with respect to the registration of creation of a superficies for a period from February 20, 2012 to 30 years, and for a superficies establishment for a person holding superficies enhancement agricultural cooperative (hereinafter “instant mortgage and superficies establishment registration,” including the registration of creation of a mortgage and superficies establishment of each of the instant land, as well as the registration of creation of a superficies for a person holding superficies, respectively.

E. On July 28, 2012, Defendant B agreed to pay, by September 30, 2012, KRW 21.5 million, the remainder after deducting the above KRW 50 million, out of the purchase price of the instant land in accordance with the instant first agreement, to the Plaintiff (hereinafter “instant second agreement”).

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 10, 12, 13, and 14, the purport of the whole pleadings

2. According to the above facts of recognition as to the claim against the defendant B and C, the plaintiff, and the defendant C, pursuant to the first agreement and loan of this case, 210 million won.

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