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(영문) 수원지방법원 2017.07.18 2016가합76745

청구이의

Text

1. The plaintiffs' claims against the defendants are all dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. On September 22, 2003, the Plaintiffs entered into a contract with 6 persons, including H, etc., to purchase J-based 23,428 square meters (hereinafter “the instant forest”) from I for KRW 2.4 billion, and paid 240 million the down payment to I on the date of the contract.

B. As between December 10, 2004 and February 24, 2006, the Defendants purchased part of the forest of this case from I, and paid 120 million won to Defendant D as the contract deposit and intermediate payment, Defendant E as the contract deposit and intermediate payment, Defendant E as the KRW 132 million, Defendant F as the KRW 110 million, Defendant Yeonsu Steel Co., Ltd (hereinafter “Defendant Yeonsu Steel”) as the KRW 88 million, and Defendant G as the KRW 24 million, respectively.

C. On April 17, 2006, I registered the creation of the forest of this case as follows: ① Defendant D, the maximum debt amount of KRW 160 million, ② Defendant E, the maximum debt amount of KRW 160 million, ③ Defendant F, the maximum debt amount of KRW 130 million, ④ Defendant F, the maximum debt amount of KRW 130 million, ④ Defendant E, the maximum debt amount of KRW 88 million, respectively.

On March 2, 2006, the plaintiffs received a provisional disposition that prohibits the transfer of ownership of the forest of this case as the preserved right (U.S. District Court 2006Kadan100540), and won a judgment by filing a lawsuit against I seeking the implementation of the procedures for application for land transaction permission (Seoul High Court 2009Na38515), and the above judgment became final and conclusive.

E. On January 6, 2010, I prepared to the Defendants each promissory note notarial deed (hereinafter “instant notarial deed”) indicated in the separate sheet (hereinafter “instant notarial deed”) on January 6, 201, and the Defendants filed an application with the Defendants for a compulsory auction on the instant notarial deed as an executive title for the instant notarial deed on January 5, 201, and the same month.

6. A decision on commencing auction was rendered.

(f) The forest of this case was designated as a land transaction permission zone since November 20, 202, and the designation was cancelled as of January 31, 2012.

【No dispute over the ground for recognition”, Gap's evidence 1, 2, 4, 5, 6, and Eul's evidence 1.