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(영문) 수원지방법원 2018.06.12 2017가단505878

공탁금 출급청구권 양도 청구의 소

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1. All of the plaintiff's claims shall be dismissed.

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

Reasons

1. Basic facts

A. On May 31, 2007, the Plaintiff entered into a sales contract with the deceased F with respect to G and 12 parcels (hereinafter “instant premises”) including G in e.g., the purchase price of KRW 2.3 billion and the down payment of KRW 500 million.

The net F shall pay only part of the down payment and intermediate payment out of the above purchase price, and shall not pay KRW 1.55 million.

B. Around May 15, 2009, an agent of the Network F (hereinafter “HF Chairman”) prepared and issued to the Plaintiff a letter of intent to pay interest in arrears in two copies (31 million won per month) from May 15, 2009 to May 15, 2009.

C. On March 15, 2010, I, who was represented by his agent “B” as “B” in the “W” column of the net F (hereinafter “W”), prepared and delivered to the Plaintiff the document stating “the document of interim settlement of accounts,” stating that the interest accrued from March 15, 2010 to March 15, 2010 and the interest rate of KRW 2.2 million for the outstanding principal amount of 1.1 billion, accrued after March 15, 2010 (the tax amount on interest belongs to B), and the interest accrued from the Nonghyup Loan (480,000 won) on March 15, 2010 to the Plaintiff.”

There is a dispute as to whether this part of I has the power of representation. D.

The netF, upon obtaining a building permit for seven parcels of the instant land, constructed two bonds for electric power resource housing, and died on November 6, 2012.

The building of this case is 'the building of this case' which is the second floor or lower located in JJ in the case of 'the house of this case'.

on July 7, 2015, the registration of preservation of ownership was made in the name of the deceased F, and the remainder of one bond or less is referred to as the "building in the name of the plaintiff."

The registration of preservation of ownership was completed in the name of the plaintiff.

All these registrations shall be based on the original copy of the judgment of the Suwon District Court 2014Kahap4265, which was the cause of subrogation of the Suwon Agricultural Cooperative.