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(영문) 인천지방법원 2015.08.13 2015가단12405
부동산매매대금
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. The following facts may be found either in dispute between the parties or in accordance with Gap evidence Nos. 2, 3, Eul evidence No. 1, 2, Eul evidence No. 6, Eul evidence No. 7-1, 2, Eul evidence No. 8-1, 2, and 2, together with the purport of the whole pleadings.

The plaintiff was the owner of the I building (including Dong and Dong, the owner of the building in operation is the plaintiff's mother-child, the owner of the building in operation is the plaintiff's her mother-child, and the owner of the building in B) Dong 401 (hereinafter referred to as the "real estate in this case") in Jung-gu Incheon and H ground, and the network K is the purchaser of the real estate in this case from the plaintiff, the defendant B is the office of the network K, and the rest of the defendants are the children of the network K.

B. On April 22, 2010, the Plaintiff: (a) leased 404 units operating an I building to the deceased K and received the full amount of the lease deposit; (b) However, Nonparty L, a partner of the I building, sold the said 404 units to Plaintiff M and M; (c) M extended a considerable amount of money (the maximum bond amount of KRW 15.47 million) as security (the maximum bond amount of KRW 404) to the deceased K and demanded the deceased K to leave; and (d) the deceased K strongly demanded the Plaintiff to leave, thereby concluding a sales contract for the instant real estate between the Plaintiff and the deceased K.

3) On October 29, 2010, prior to the completion of the instant real estate, the Plaintiff concluded a sales contract to sell the instant real estate with the deceased K, and the KRW 5 million out of the purchase price was to substitute for the lease deposit under Article 404, and received KRW 50 million from the deceased K around August 19, 2010. (4) On November 9, 2010, the Plaintiff registered the ownership of the instant real estate in its future and completed the registration of ownership transfer in the deceased K future on the ground of sale as of October 29, 2010 on the day.

C. 1) As the Plaintiff sold the instant real estate to the Dong K, the Plaintiff’s creditors, N, P (hereinafter “N, etc.”) was the Plaintiff’s creditors.

A. The instant case on June 3, 201

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