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(영문) 전주지방법원 2018.11.30 2018가단3337
전부금
Text

1. The Defendant shall pay to the Plaintiff KRW 100,000,000 and the interest rate of KRW 15% per annum from December 1, 2017 to the date of full payment.

Reasons

1. Basic facts

A. The Plaintiff has a claim of KRW 100,000,000 against Nonparty D based on an executory deed (No. 1167) No. 2015, Mar. 1, 2015 (hereinafter “instant notarial deed”).

B. On February 6, 2017, D drafted the following agreements with the Defendant (hereinafter “instant agreement”).

1. D transfers the ownership of the land of the E, F, G, H, and I five parcels of land owned by the North Korea, and changes the name of the owner in the name of the owner in the document for completion of building permission for the 8 generation of the loan newly constructed on the ground of the above land.

(2) The defendant shall pay D 10,000,000 won to D after completion of an inspection on the completion of construction of a building with eight-generation G-based building located on the ground of the former west-gun, the security loan from a financial institution shall be made one week after receipt of the loan from the financial institution, on condition that D 1,00,000 won

- - The following - If the Defendant fails to comply with the above 2 paragraphs, the ownership of the land and the 8 generation of the loan (such as creation, seizure, etc.) transferred from D should be terminated.

(B) the Defendant is not subject to the acquisition of all claims established at the same time as the ownership of the land is transferred from D and is not subject to any civil or criminal liability against D.

(3) The J may submit a criminal agreement to D with the Jeonju District Court 2017No19 (hereinafter referred to as the "D's spouse") by receiving a criminal agreement from the M of the victim L company in a criminal case.

(4) D shall use K criminal agreement or deposit money for KRW 100,000,000 paid by the Defendant as payment in the presence of the J and Ethical branch.

⑤ As such, if the agreement is reached between D and the Defendant, and is not implemented in good faith, the agreement shall lose its effect, and shall be liable for civil and criminal affairs between the Plaintiff and the Defendant, and two copies of the agreement shall be prepared, and the D and the Defendant shall keep one copy of the agreement, and if so, legal issues (provisional attachment, seizure, etc.) shall be recorded.

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