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(영문) 서울중앙지방법원 2017.09.08 2016나61602
계약무효확인 등 청구의 소
Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The judgment of the court of first instance.

Reasons

1. Facts of recognition;

A. On June 29, 2012, the Plaintiff’s establishment of the Plaintiff’s claim against B loaned KRW 2 billion to B at the interest rate of KRW 2.43%, the due date for repayment was determined on June 29, 2015 (hereinafter “instant loan”); and B, from December 24, 2012, the Plaintiff lost the benefit of time due to failing to pay interest to the Plaintiff.

As of July 31, 2014, the Plaintiff collected KRW 1,198,862,90 as of January 27, 2014, and KRW 157,612,00 as of July 31, 2014, and appropriated the principal and interest for the public auction and auction proceedings for real estate provided as security at the time of the instant loan. As of July 31, 2014, the principal and interest of the instant loan continued to remain KRW 1,156,652,585 (the principal and interest of the instant loan are KRW 660,607,792).

B. B entered into a accord and satisfaction contract between B and Naz on March 20, 2012, sold to Naz the price of KRW 10.5 billion in the amount of KRW 51.4 square meters in Seoul Jung-gu, Jung-gu, Seoul, and KRW 645.7 square meters in D, and KRW 14.1 square meters in E (hereinafter “instant land”), and received KRW 7 billion in the amount from Naz.

A. On March 23, 2012, A.I.D. entered into a payment contract in lieu of the following contents (hereinafter “instant payment contract”) with respect to the obligation to pay the remainder of KRW 3.5 billion out of the above sales amount, and completed the registration of ownership transfer on March 20, 2012 with respect to the instant land on the same day.

On March 20, 2012, the two parties entered into a real estate sales contract on March 20, 2012, with respect to the remainder of 3.5 billion won, the sales right of the commercial building on the first floor (exclusive 60 square meters) newly constructed by the Naz on the relevant real estate may be transferred to B in lieu of the repayment of the outstanding amount receivable by B, and the nominal owner of the sales right may be the person designated by B.

Article 2 B. Naz shall deliver a sales contract to a person designated by B for the main complex newly built pursuant to Article 1 and shall in the name of the sales right.

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