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Reasons
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(영문) 의정부지방법원 고양지원 2017.01.20 2016가단8698
정산금 등
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1. The claim of this case is dismissed.

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

Reasons

1. Basic facts

A. The Plaintiff, the Defendant, and Nonparty C entered into a sales contract, and Nonparty C entered into a contract to purchase the pertinent real estate with F around February 26, 2006, by purchasing the instant real estate of 267 square meters of forest land D and E forest land and 1,824 square meters of forest land (hereinafter “instant real estate”).

B. Around February 27, 2006, the Defendant remitted KRW 53,000,000 to F as the down payment of the instant real estate, and C delivered KRW 20,000,000.

C testified that this Court paid KRW 70,000,000 to himself.

(2) Meanwhile, the intermediate payment or remainder of the instant real estate was received and paid to the seller. On April 18, 2006, G and mortgagee, the debtor of the instant real estate, on which April 18, 2006, established the right to collateral with respect to the instant real estate at KRW 392,00,000,000 with the Plaintiff’s domestic cooperatives, the maximum debt amount, and the maximum debt amount of KRW 280,000 on April 20, 2008 as collateral. Meanwhile, on April 12, 2006, the debtor established the right to collateral with respect to the instant real estate at KRW C, the maximum debt amount of KRW 420,00,000,000, as collateral, at KRW 300,000,000,000 on April 14, 2006, the debtor and the partnership were set at the maximum debt amount of KRW 10,000,000.

(3) 207 around 2007

4. 9. G’s account transfers KRW 40,00,000 to F. On April 30, 2007, KRW 13,500,000 was deposited from the Defendant to G’s account, and then transfers KRW 13,240,000 to F.

(4) In addition, on May 9, 2006, the provisional disposition registration was completed with respect to the instant real estate, for which the creditor claimed the transfer of ownership H as the preserved right.

C. The Plaintiff, who paid interest on a loan from April 2006 to June 201, 2006, interest KRW 110,122,693 on the loan from April 20, 206, interest KRW 50,000,000 on April 14, 2006.

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