(영문) 울산지방법원 2016.02.03 2015가단20581

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(영문) 울산지방법원 2016.02.03 2015가단20581

약정금

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1. The Defendant’s KRW 90 million and the Plaintiff’s 20% per annum from July 24, 2015 to September 30, 2015, and the following.

Reasons

1. Determination as to the cause of claim

A. 1) The Plaintiff is deemed to be the land in this case, which is owned by the Plaintiff.

2) On the ground sub-loan (hereinafter “instant loan”)

B) On March 19, 2014, the Plaintiff transferred the ownership of the instant land and the right to borrow the instant land under construction on its ground to the Defendant. (2) On October 8, 2014, the Plaintiff filed a lawsuit against the Defendant claiming the registration of ownership transfer of the instant land (hereinafter “instant lawsuit”) with the Changwon District Court Branch Branching Jinwon Branching 2014Kadan11426, and on December 1, 2014, the Plaintiff received a provisional disposition for prohibiting the claim for ownership transfer registration of the instant land (hereinafter “instant provisional disposition order”).

3) On February 26, 2015, the Defendant agreed with the Plaintiff as follows (hereinafter the instant agreement):

(1) The Plaintiff shall pay KRW 10 million to the Plaintiff. The Defendant shall pay KRW 200 million to the Plaintiff. The method of payment is as follows. The Defendant shall pay KRW 90 million to the Plaintiff immediately after obtaining a loan from a financial institution by using the instant loan as collateral. The Defendant shall transfer the ownership of KRW 501 and 502 out of the instant loan loan to the Plaintiff (or the person designated by the Plaintiff) upon obtaining the approval for the use of the instant loan: Provided, That the Plaintiff shall succeed to the Plaintiff’s transfer of KRW 120 million, which is the sum of loans of KRW 501 and 502, the sum of loans of KRW 502,000,000,000. 502,000 won, shall be the sum of KRW 501,000,000,0000,000,000 in each name of D. The Plaintiff shall immediately withdraw the instant lawsuit and the instant provisional disposition order on February 27, 2015.

5 The Defendant completed the registration of ownership preservation in its name on May 8, 2015 after completing the loan of this case.

The defendant raises an objection from the Ulsan-dong Credit Union around May 7, 2015.

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