매매대금
The plaintiff's claim against the defendants is dismissed in entirety.
Litigation costs shall be borne by the plaintiff.
Facts of recognition
The Plaintiff and D Co., Ltd (hereinafter referred to as the “instant building”) owned 59/100 and D 41/100 shares of 49 shares, respectively, in relation to the instant building G-dong (hereinafter referred to as “instant building”).
On December 1, 2015, the Plaintiff and D entered into a real estate consulting contract between H’s representative Co., Ltd. and Defendant C, which provides for cancellation of auction, repayment of loans, provisional seizure, termination of the right to collateral security, etc. by setting up KRW 8 billion by selling or borrowing the above sectional ownership, excluding the Sabyae and H, and by receiving the loan from H, excluding the Sabye and H., and raising KRW 1 billion for remodeling costs.
(hereinafter “The instant consulting contract”). The wife J of D’s representative director, on December 18, 2015, completed the registration of creation of a mortgage on the instant building K with the maximum debt amount of KRW 100 million and the mortgagee L with the right to collateral security.
(hereinafter “the instant right to collateral security”). However, while the sale of 22 units of the instant partitioned building was not carried out, the “X” as stated in the letter of agreement No. 2 of the instant real estate (hereinafter “the instant real estate”), appears to be a clerical error in writing. < Amended by Presidential Decree No. 27159, Mar. 4, 2016; Presidential Decree No. 20129, Mar. 4, 2016; Presidential Decree No. 2020, Mar. 2, 2016>
(T) Each transfer registration was completed in the name of U(V).
As to the instant real estate on March 4, 2016, each ownership transfer registration was made under Defendant B’s name. In this regard, a real estate sales contract was prepared with the purchase price of KRW 599,00,000, down payment of KRW 60,000 (payment at the time of a contract) and the remainder of KRW 539,000,000 (payment on February 29, 2016).
(A) No. 4, hereinafter referred to as “instant sales contract”). On March 24, 2016, a written agreement as described in the attached Form was prepared in the name of W, H Defendant C, and D immediately following the said agreement.
(hereinafter “instant agreement”). The said J seeks to cancel the instant right to collateral security against L, the Busan District Court 2016Kadan5934.