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(영문) 광주지방법원 2021.01.15 2020가단535762
양수금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. The fact of recognition is a contract attached to a notice of credit transfer (No. 3) sent to the Defendant by H Co., Ltd., Ltd., Co., Ltd., Ltd. (as the order, No. 10-6 of the evidence No. 10) with respect to the land in this case (hereinafter “instant land”) with respect to the remaining-gun-gun, Naman-gun, Nam-gun, the Defendant owned, for the following terms:

A The contract attached to the contract for the assignment and acquisition of claims between the Plaintiff and H Co., Ltd. (No. 2) of No. 11, No. 10-3 and No. 10-3 and the agricultural company No. 3

A. (Contract No. 1, “Contract No. 2”, “Contract No. 3,” and “Contract No. 3,” according to the following order: Sales proceeds: The remainder of the payment for a contract of KRW 7.4443 billion and KRW 5.3 billion and KRW 6.9433 billion and KRW 3.3 billion and KRW 3 billion are agreed upon on May 31, 2017 (Succession to Loan KRW 3.0 billion):

1. The down payment shall be deposited into the Defendant’s D Association account.

2. The loans of KRW 4.956 billion (D. E) shall be terminated at the same time as the remainder payment is made.

4.The down payment of KRW 500 million shall be replaced by the commercial G in lots newly constructed and sold in F Co., Ltd.

The seller: The date of concluding the I purchase and sale contract for the Defendant: The date of signing the contract is indicated on March 5, 2017, which is attached to the letter of credit transfer (Evidence A No. 3) sent by H Co., Ltd. to the Defendant by H Co., Ltd., Co., Ltd.; however, in light of the fact that the completion date of the contract appears to be different from the writing body from the other handwritten body of the contract attached to the above preparation date, the contract date at the time of signing the above contract is deemed to have been a blank, such as the real estate sale contract (Evidence B No. 10-6) submitted by the Defendant.

The purchase price: A special agreement on May 31, 2017 (the succession to loans of KRW 3 billion) for the remainder payment of KRW 50 million 50 million : 50 million 50 million :

1. The down payment shall be deposited into the Defendant’s D Association account.

2. The first priority collateral mortgage creation amounting to 4.95 billion won (D. E branches) shall be terminated at the same time as the balance payment is made.

Seller: Defendant buyer.

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