beta
Text
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. The Plaintiff’s loan of KRW 30 million to the Defendant on July 27, 2007, KRW 20 million on October 10, 2008, and KRW 50 million on October 10, 2008 may not be disputed between the parties, or may be recognized by the statement in Gap evidence No. 1 through No. 3. Thus, the Defendant is liable to repay the above loan to the Plaintiff, unless there are special circumstances.
2. Judgment on the defendant's defense
A. The defendant defenses by the defendant that the plaintiff and the defendant extinguished the obligation to repay the above loan in accordance with the newly agreed terms and conditions on June 7, 2011.
In this regard, the plaintiff asserts that the new agreement asserted by the defendant is ① the transfer of the right to move into a rental apartment, which is not a legal sale, and thus null and void or ② the fulfillment of one of the two cases of the right to move into a rental apartment agreed to be transferred is not possible and thus, the original loan claim is maintained as it is.
B. On June 7, 2011, the Plaintiff and the Defendant agreed as follows.
(hereinafter referred to as the “instant agreement”). 1. Two cases (the scheduled sale) of rental apartment occupancy right are transferred to the Plaintiff (or the Plaintiff’s family member);
2. All the claims of the Plaintiff (or the Plaintiff’s family members) against the Defendant (including teas) shall be extinguished.
Plaintiff
The burden: (C District 33 D block 5 floor) - E (Plaintiff’s 5 floor) - When the occupancy agreement was reached in June - 14,000 won for the settlement deposit - 5,000 won for the settlement deposit for the settlement deposit - 57,000 won for the settlement deposit for the settlement deposit - G (F apartment 16 square meters) - at the time of the occupancy agreement in June - 13,500 won for the settlement deposit for the settlement deposit - 1,500 won for the settlement deposit for the settlement deposit - at the time of the occupancy in September 2 - at the new lease period - 56,500 won for the additional settlement deposit - 60,000 won for the settlement of the deposit for the settlement deposit and receipt 60,000 won for the settlement of the deposit for the settlement deposit and receipt - for the settlement of the settlement deposit for the settlement deposit for the settlement of the land from H to the Housing Corporation (hereinafter “H”).