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(영문) 의정부지방법원 고양지원 2017.01.25 2016가단71269
구상금
Text

1. All of the claims filed by the Plaintiff (Counterclaim Defendant) against Defendant B and Defendant (Counterclaim Plaintiff) C are dismissed.

2...

Reasons

1. Basic facts

A. On July 6, 2004, the Plaintiff, Defendant C, and D jointly purchased the land of 1,243 square meters in Seo-gu Incheon, Seo-gu, Incheon (hereinafter “instant land”) and agreed to complete the registration of ownership transfer in the name of F, while the Plaintiff, Defendant C, and D jointly purchased the land of 180/376, Defendant C, and Defendant C were owned as shares of 120/376.

On July 22, 2004, the registration of ownership transfer was completed in F name on the land of this case.

B. Defendant B decided to invest KRW 100 million in relation to the purchase of the instant land, and paid KRW 100 million to the Plaintiff on April 30, 2004 and June 25, 2004.

C. On July 22, 2004, the Plaintiff obtained a loan of KRW 200 million from the National Federation of Fisheries Cooperatives as security, and used KRW 130,000 among them as the Plaintiff and KRW 70 million.

On August 4, 2009, the Plaintiff obtained a loan of KRW 280,000,000 from Seocheon Agricultural Cooperative (hereinafter “CFF”) as security and repaid the obligations of KRW 200,000,000 as stated in paragraph (c) above to the Plaintiff’s loans of KRW 200,000,00,000,

5. Defendant B paid KRW 50 million to Defendant B, and the Plaintiff used the remainder KRW 30 million.

D also used 220,000,000 won as collateral for the instant land from Nonghyup as collateral.

With respect to the above loan obligations, the registration of creation of a mortgage for the land of this case was completed in the order of the maximum debt amount of August 4, 2009 364,00,000,000 won, and the registration of creation of a mortgage for the creation of a mortgage for the land of this case with the plaintiff as the plaintiff, the mortgagee, and the mortgagee as the non-party under the right to collateral security.

E. On June 14, 201, the Plaintiff, the Defendants, and D obtained a loan of KRW 110,000,000 from agricultural cooperatives with the debtor as the Plaintiff as the collateral and deposited the interest on the loans used by each of them into the Plaintiff’s account on the 13th day prior to the date on which the interest accrue (the 13th day of each month). If the Plaintiff delayed payment for at least one month, the Plaintiff’s loan of KRW 40,000,000 from agricultural cooperatives.

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