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(영문) 수원지방법원 2018.05.09 2017가단504332
청구이의
Text

1. The Defendant’s notary public against the Plaintiff is a monetary loan agreement No. 274 of 2016, which was signed by the law firm C.

Reasons

1. Basic facts

A. On March 24, 2016, E entered into a contract with D to sell the building of the wooden Group of the FJ (80 square meters for relocation measures) (hereinafter “F real estate”) purchased from G (hereinafter “instant sales contract”) at KRW 190,000,000, and was paid the down payment and intermediate payment of KRW 50,000,000, and the remainder of KRW 140,000 was paid until April 20, 2016.

B. In the instant sales contract, the seller agreed that “The seller agrees to the purchase of lots for the neighboring store at the Korea Water Resources Corporation and to change the name only once to the purchaser designated by the purchaser.”

C. However, D paid KRW 80,000,000 out of the remainder until June 13, 2016, and did not pay the remainder of KRW 60,000,000.

On June 13, 2016, the Plaintiff: (a) borrowed KRW 60,000,000 from the Defendant, who is the husband of E; and (b) drafted the instant authentic deed to pay by June 16, 2016.

E. D paid KRW 30,000,000 out of the remainder of the instant sales contract on June 16, 2016 to E.

F. Around July 21, 2016, D, at the Plaintiff’s presence, drafted a written agreement with E to the effect that “F G G G Subdivision E and the buyer of the housing site in e and D will invalidate the above contract on the sale and purchase of the goods on March 24, 2016, and will not be required to return all the money paid to E, and will not be held liable for civil and criminal liability on this contract. However, upon receipt of the final determination of the notice of the right to sell water resources construction, D will pay the remainder of KRW 30,00,000 upon receipt of the final determination of the notice of the right to sell water resources construction (hereinafter “instant agreement”). It exchanged with G documents at any balance.”

[Ground of recognition] Unsatisfy, entry of Gap evidence 1 to 6, purport of whole pleadings

2. The parties' assertion

A. The Plaintiff’s debt owed to the Defendant on the notarial deed of this case is KRW 60,00,000,000 for the remainder due under the sales contract of this case against D’s E.

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