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(영문) 수원지방법원 2015.06.25 2012가합10440
부당이득금반환등
Text

1. The plaintiff B's successor's application for intervention in succession and the plaintiffs' lawsuit against defendant E shall be dismissed respectively.

2. Defendant.

Reasons

1. Basic facts

A. On June 27, 2005, the Plaintiffs concluded a sales contract with Defendant D and Defendant D to purchase the total amount of KRW 4538,000,000 for each of the real estate listed in the separate sheet owned by Defendant D (hereinafter “each of the instant real estate”) as indicated in the separate sheet owned by Defendant D (hereinafter “instant sales contract”), and agreed to pay KRW 60,000,000,000 for the date of the sales contract and KRW 2.26,000,000,000,000 for each of the instant real estate. The instant sales contract stipulates that the Plaintiff and the Plaintiff agreed to purchase the remainder of each of the instant real estate at KRW 2,00,000,000,000 for KRW 2.5,000,000 for each of the instant real estate x KRW 6.5,000,000 for each of the instant real estate x KRW 6.5,000,00 for each of the instant sales contract.

3) Meanwhile, since November 202, 2002, each of the instant real estate is designated as a land transaction permission area under the National Land Utilization and Management Act, the designation was cancelled on January 30, 2009. (b) The payment of the purchase price under the instant sales contract and the Plaintiff B’s loan 1) the Plaintiffs paid the Defendant D the down payment of KRW 600 million on June 27, 2005, which is the day of the instant sales contract, to pay the remainder on the same day, and the Plaintiff B borrowed KRW 300 million from Defendant D.

2) The Plaintiff B provided the instant real estate as collateral to Defendant D and Defendant D with a demand for the payment of the remainder and the repayment of the borrowed amount, and offered the loan of KRW 1 billion from the financial institution, and then the Plaintiff B received the loan of KRW 1 billion, instead of the payment of KRW 1 billion out of the balance. Defendant D offered that the payment of KRW 1 billion out of the balance would be replaced by the payment of KRW 1 billion from the balance. Defendant D completed the registration of establishment of the right to collateral security and the right to collateral security with respect to each of the instant real estate to the Pyeongtaek Livestock Cooperative on September 9, 2005

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