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(영문) 전주지방법원정읍지원 2015.12.02 2015가합279
양수금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. 1) An agricultural company, Inc. (hereinafter “the private placement of money”) shall be limited to the private placement of money

(1) On October 20, 2005, the Defendant lent KRW 702,00,000 to the Defendant. On September 25, 2007, the Plaintiff entered into a contract with the Defendant to pay damages for delay at the rate of 25% per annum from October 11, 2007 to September 25, 2007 (hereinafter “the instant loan claim against the Defendant in the private placement”).

(2) On October 21, 2005, the Defendant: (a) around October 21, 2005, as a security for the instant loan claims, completed the provisional registration of ownership transfer security by way of promise to return real estate owned by the Defendant (hereinafter “provisional registration of this case”) with respect to money privately placed.

B. On November 26, 2005, the Plaintiff and the Seoul Special Metropolitan City Mayor (hereinafter “the purpose of this Agreement”) set the conditions for exercising authority over the provisional registration in relation to the provisional registration of this case, in lieu of the Plaintiff’s claim for the refund of security deposit (hereinafter “the instant provisional registration”) to which money is transferred, when the Plaintiff received transfer of the provisional registration of this case in lieu of KRW 300 million, the Plaintiff and the Seoul Special Metropolitan City Mayor (hereinafter “the instant provisional registration”). Article 2 (Conditions of Agreement) ① Where the Plaintiff exercises his authority over the provisional registration of this case and takes distribution procedures, etc., the amount of money obtained by deducting KRW 300 million from the Plaintiff’s claim for the refund of security deposit is attributed to the Seoul Special Metropolitan City (hereinafter “the instant provisional registration”). ② The Plaintiff may request the Plaintiff to transfer the provisional registration of this case if the Plaintiff redeems KRW 300 million. ③ The Plaintiff cannot delegate all the rights to exercise the provisional registration of this case (such as the principal registration and the provisional registration based on the provisional registration).

1. The defendant shall make a provisional registration of ownership transfer security of the agreement of this case.

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