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(영문) 춘천지방법원 2014.06.25 2013가단11655

부당이득반환 등

Text

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

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

Reasons

1. The following facts may be found either in dispute between the parties or in combination with the testimony of Gap 1, 2, 4, 6, 8, 10 to 13, 16, 17, 18, Eul 1, 2, and 3 (including each number), and witness F, G, and H as a whole.

On April 26, 1975, the provisional registration was completed on October 29, 198 on the land of 10 parcels of land (hereinafter “instant land”), both I, J, K, L, M, N, P prior to subdivision, P, Q, R and others (hereinafter “instant land”). On November 3, 1998, the provisional registration was completed on the ground of a pre-sale agreement made on October 29, 1998.

B. On September 7, 2000, S died, and on January 9, 2001, the ownership transfer registration was made for inheritance reasons in Defendant C, T, U, and V, which is the common property inheritor of the network S.

C. A around January 2002, Plaintiff A purchased the instant land from H. A. The purchase price is KRW 1.3 billion, and KRW 50 million, the intermediate payment is KRW 875 million, the intermediate payment is KRW 875 million upon the provisional attachment termination, and KRW 375 million, the remainder is paid within 2 years after the provisional attachment termination. ③ The buyer takes over the total amount of KRW 875 million, and the buyer takes over the provisional disposition of the instant real property, the collateral collateral collateral collateral collateral collateral collateral collateral collateral, and the principal contractor takes over the instant real property by the Plaintiff and four other parties at the time of the provisional registration transfer, and the sales contract (No. 1) was prepared to add a special agreement to the effect that the Plaintiff is specified as the Plaintiff A.

On January 25, 2002, the Plaintiffs, W, X, andY drafted a sales contract (Evidence A 1) with the following content that purchases the instant land from Defendant C, T, U,V, and H:

Article 1. Sales Price: The seller of Article 2 shall transfer the right to collateral security and provisional disposition set forth below the land of this case to the buyer and take over the buyer.

The details of the collateral security shall be the aggregate of KRW 300,000,000, AB Association 260,000,000,000, AB Association 74,323,181,00,000, in aggregate of KRW 904,323,181, in total.

E. Defendant C, T, U, and V are KRW 875 billion on the collateral security of May 31, 2002.