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(영문) 광주지방법원 2014.08.21 2014가단296
근저당권말소 등
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

Facts of recognition

The plaintiff is C's wife, the defendant is D's wife, and E is F's wife.

C, D, and F, together with other seven parcels of land outside Gwangju-gu G, Gwangju-gu, to newly build and sell urban-type residential housing (the trade name "H" was registered on November 19, 2012 when the business was in progress) and to raise funds necessary to purchase the land.

On the other hand, C using the Plaintiff’s name, F performed a juristic act necessary for business by using the name of E, and there is no special dispute as to the existence of the power of representation. Thus, C/F’s act is also deemed to have been done by the Plaintiff and E, unless it is required to distinguish between the principal and the agent from the other.

D A. On March 2012, 2012, the Defendant recommended the Defendant to invest money to be used as land purchase cost, and the Defendant demanded D to “to pay an additional amount of KRW 200 million, in addition to the investment principal, in consideration of the investment principal” and “to effect the authentication of a real estate security and a promissory note for the security.”

D Upon receipt of the foregoing demand, the Defendant entered into an agreement with D on April 12, 2012 (hereinafter “instant agreement”) with the following terms and conditions, and D delegated the authority to prepare the said agreement from C and F represented by the Plaintiff, and attached the seal of the Plaintiff and E in the column of the said agreement to the effect that the Plaintiff and E shall assume the obligation of the surety as the surety.

1. (Purpose) A (Defendant) shall lend KRW 200 million to B (D), and B shall pay a total of KRW 400 million (the principal and interest of the loan) to A at the following due date.

2. (Period of Performance)

(a) B shall preferentially refund the principal KRW 200 million of the rent out of the proceeds of the non-business site among the land (such as neighboring land in Gwangju-gu G) planned to purchase B not later than June 15, 2012 (before the payment of the rent) to A;

Section B. The payment of down payment shall be made from the owners of the above land.

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