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(영문) 서울서부지방법원 2015.03.26 2014가합5609

근저당권설정등기의말소등기

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All of the plaintiffs' claims are dismissed.

The costs of lawsuit shall be borne by the plaintiffs.

Reasons

1. Basic facts

A. On November 26, 2012, the Plaintiff A and D entered into a pre-sale agreement with the Plaintiff A and D to purchase each real estate listed in the separate sheet (hereinafter “instant real estate”) from Nanokian Co., Ltd. (hereinafter “Nanokian”) for KRW 2,300,000,000 (hereinafter “instant pre-sale agreement”). On the same day, the Plaintiff and D completed the provisional registration of the right to claim ownership transfer on the said real estate based on the pre-sale agreement.

B. On December 8, 2012, the Plaintiff entered into a sales contract with the Plaintiff A and D on December 8, 2012, and the Plaintiff entered into a sales contract with the Plaintiff on December 8, 2012, to purchase each real estate listed in the separate sheet Nos. 5, 6,000,000 in the separate sheet Nos. 5, 6, and 7 from the Plaintiff A and D, but to pay the remainder of KRW 640,00,000 without the down payment by January 10, 2013.

D Co., Ltd. and D Co., Ltd. agreed to purchase each real estate listed in [Attachment 1 to 1,460,000,000,000 from Nanokian, and concluded a sales contract with the effect that the contract deposit amount of KRW 210,00,000 shall be paid by January 15, 2013, including the date of the contract, the balance of KRW 1,250,000,000 on the date of the contract, the remainder of KRW 1,250,00

hereinafter referred to as "the sales contract on December 8, 2012" is "each sales contract."

Plaintiff

A and D are above A.

The sales contract was entered into respectively, even as a joint purchaser under the pre-sale agreement entered into.

However, in light of the contents of the above sales contract and each of the above sales contract, the plaintiff A and D are still deemed joint buyers in each of the above sales contract. Thus, the plaintiff A and D are determined on the premise that they are joint buyers in each of the above sales contract.

(c) D. D’s delegation to, and remittance of, the down payment, etc. to, Plaintiff A was transferred KRW 10,000,000 on December 11, 2012, when entrusting the Plaintiff A to pay the down payment of the sales contract as of December 8, 2012 to Nanoona.

2D is an intermediate payment to Plaintiff A on December 8, 2012.