beta
(영문) 창원지방법원진주지원 2016.02.05 2015가단32611

약정금

Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. Facts of recognition;

A. Defendant D and E’s exchange agreement, etc. 1) As between E and September 19, 2012, Defendant D and E are the F sale price in the Chungcheongbuk-si owned by Defendant D (the same is consistent with each of the instant real estate).

(1) In the event of the transfer of ownership of both real estate, the Plaintiff (hereinafter “instant exchange agreement”) and the Plaintiff (hereinafter “instant exchange agreement”) and the Plaintiff (hereinafter “instant exchange agreement”) and the Plaintiff (hereinafter “instant exchange agreement”) and the Plaintiff (hereinafter “Defendant D”) agreed to exchange one parcel of real estate (hereinafter “instant exchange agreement”) at the time of the transfer of ownership of the said two real estate.

(2) Defendant D completed the registration of transfer of ownership on November 20, 2012, No. 33100, which was received on November 21, 2012, for each of the instant real estate, to Defendant C designated by E in accordance with the terms and conditions of the instant exchange agreement.

B. The Plaintiff’s claim, etc. 1) The Plaintiff’s credit against E is called furdex Co., Ltd. (hereinafter “Nonindicted Company”) on December 15, 2012.

B) Between the Plaintiff and the non-party company, the Plaintiff’s products were supplied to the non-party company, and the non-party company entered into a contract to receive the payment on the last day of the month following the month in which the products were supplied by the non-party company, and E agreed to pay the Plaintiff the above payment to the non-party company. (2) The Plaintiff’s claim against the non-party company was KRW 135,369,060 on January 201

3) On January 11, 2013, in order to secure the claim against the non-party company, the Plaintiff entered into a mortgage agreement with Defendant C on each of the instant real estate with the maximum debt amount of KRW 780,00,000,00 for each of the instant real estate, and entered into a mortgage agreement with the non-party company and the non-party company, the debtor, and the plaintiff. On January 14, 2013, the Cheongju District Court Decision 885, supra, completed the registration of the establishment of the neighboring real estate to the above purport as of January 15, 2013. (4) On November 15, 2013, the Plaintiff applied for the auction of the real estate rent of KRW 152,49,758 for each of the instant real estate with the claim amount of KRW 152,00 for each of the instant real estate