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(영문) 청주지방법원 2016.12.15 2015가합21896

매매대금

Text

1. The plaintiff's primary and conjunctive claims are all dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Judgment as to the main claim

A. 1) The Plaintiff and F owned 1/2 shares of each of the real estate listed in the separate sheet (hereinafter collectively referred to as the “instant real estate”). However, G, which concluded a business agreement with the Plaintiff and the instant real estate, etc., to remodel them into the main center, and to distribute the development gains therefrom, purchased 1/2 shares of the instant real estate from the above F, and completed the registration of ownership transfer under the name of H (G’s wife) by completing the registration of ownership transfer, thereby owning 1/2 shares of each of the instant real estate.

B) On April 15, 2010, the Plaintiff and H concluded a sales contract that sells No. 201 to Defendant B for KRW 990,000,000, and completed the registration of ownership transfer (all co-owners’ share transfer) based on the above sales contract on April 20, 2010. Defendant B obtained a loan of KRW 580,000,000 from the Saemaul Depository as security and paid the Plaintiff. C) on April 15, 2010, the Plaintiff and H concluded a sales contract that sells No. 105 to Defendant C for KRW 820,000,000, and completed the registration of ownership transfer (all co-owners’ share transfer) based on the said sales contract on April 20, 2010.

Defendant C obtained a loan of KRW 470,00,00 from the Saemaul Treasury and paid it to the Plaintiff. D) On June 25, 2010, the Plaintiff and H concluded a sales contract of KRW 101 to Defendant D to sell KRW 612,00,000 on June 29, 2010, and completed the registration of ownership transfer (transfer of all co-owners’ shares) on the ground of the above sales contract on June 29, 2010. Defendant D obtained a loan of KRW 350,00,000 from the Saemaul Treasury and paid it to the Plaintiff on June 25, 2010. Defendant D concluded a sales contract of KRW 102,50,000 and sold KRW 250,000 to Defendant E on June 25, 2010, the Plaintiff and H concluded the ownership transfer registration for the above co-owner on June 29, 2010.

Defendant E shall be 102.