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(영문) 수원지방법원 2015.10.08 2014가합61480
매매대금 등
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 plaintiff's assertion

A. On April 27, 2012, the Plaintiff, the owner of the real estate listed in the separate sheet (hereinafter “instant real estate”) entered into a real estate sales contract with Defendant B and the instant real estate via Defendant C, who is his wife, with a total of KRW 2.1 billion. However, at the time of entering into a contract, the intermediate payment of KRW 20 million was KRW 70 million until May 4, 2012, and the remainder of KRW 1.38 billion until May 4, 2012.

B. On May 2, 2012, before receiving the payment of intermediate payments and remainder from Defendant B, the Plaintiff completed the registration of ownership transfer under Defendant B’s name under the receipt of Suwon District Court Port Office as to the instant real estate based on the said sales contract, accompanied by the said sales contract.

C. On May 2, 2012, Defendant B provided the instant real estate and the instant land owned by it as joint security and borrowed KRW 2.9 billion from the red dairy cooperative.

On June 13, 2012, in order to secure the claim for the remainder of the purchase and sale against the Plaintiff, Defendant B completed the registration of creation of a collateral security (hereinafter “mortgage No. 1”) with respect to the instant real estate under the name of the Plaintiff, which became the mortgagee, obligee, and maximum debt amount of KRW 450 million, as prescribed by Articles 82779 and 82779, which was received by Suwon District Court’s registration office.

E. From the end of June, 2012 to the beginning of July, 2012, the Plaintiff entered into an agreement on the replacement of the secured party by the method of cancelling the instant collateral security right under the name of Defendant B and the creation of a new collateral security right under the Plaintiff’s name (hereinafter “instant agreement”). At that time, Defendant B, through Defendant C, promised to sell the instant real estate to the Plaintiff and repay the remaining amount of KRW 450 million to the Plaintiff via Defendant C, and demanded replacement of the secured party under the pretext of ensuring convenience in the sale of real estate.

(f).

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