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(영문) 수원지방법원 2016.06.14 2015가단136162
매매대금청구의 소등
Text

1. The Defendant: (a) KRW 40,000,000 for the Plaintiff and 5% per annum from October 24, 2015 to June 14, 2016.

Reasons

1. Facts of recognition;

A. C and D recommended purchase with the value of investment made by the Gyeonggi-do Gao-si Gro 691.2 square meters (hereinafter “the instant site”) owned by the GF-type Association (F-type Association) to the network E, which was affiliated with C, a real estate brokerage business in Osan, which was conducted in Osan. Furthermore, E intended to accept the above proposal with a view to: (a) the shortage of purchase funds can be used for loans from financial institutions; and (b) the interest accrued to financial institutions until the resale will be borne by the balance.

E purchased the instant site from the FJ on March 30, 2002 to 1.5 billion won, and paid as part of the purchase price, 700 million won. As to the instant site, the Defendant, who is C and E, jointly completed the registration of ownership transfer with 1/2 shares. In order to secure the remainder payment obligation of 800 million won, the lower court set up a mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-based, the obligor, the maximum debt amount of 850 million won on the instant site.

C On July 22, 2004, the National Agricultural Cooperative Federation loaned 800 million won from the National Agricultural Cooperative Federation and repaid 800 million won of the balance of the purchase price, and thereafter, set up a collateral security right with regard to the instant site under the name of the debtor C-mortgager C-mortgager of the National Agricultural Cooperative Federation.

B. At least 2 years have passed since C and D did not resell the instant land, the above D and D exceeded.

The principal demanded the return of KRW 100,000,000 to be borne by himself while he is unable to pay interest on the loan from port facilities. In order to resolve this, he borrowed KRW 110,000,000 from the Suwon District Livestock Cooperatives (hereinafter referred to as the “ Suwon Livestock Cooperatives”) on August 17, 2006.

On August 17, 2006, the National Agricultural Cooperative Federation revoked the right to collateral security by discharging the National Agricultural Cooperative Federation’s debt, and again, on the site of this case, the debtor D and the right to collateral security, which are the debtor D and the right to collateral security, were set up.

The above right to collateral security.

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