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(영문) 부산지방법원 2020.12.17 2018가합41798
매매대금반환
Text

Of the instant lawsuits, each real estate listed in attached Tables 1, 2, and 4 was concluded between Defendant D and F.

Reasons

1. Basic facts

A. On April 3, 2017, the Plaintiff entered into a sales contract with the Plaintiff, and paid the Plaintiff’s sales price (i) on April 3, 2017 (hereinafter “the deceased”).

From the perspective of smuggling, K, H, L, M, N, O, P, Q, R, 17 units of the first ground reinforced concrete structure, 5 floors of multi-unit housing and officetels 5 floors, and 17 units of the instant real estate (hereinafter referred to as “instant real estate”) of collective housing of 5 floors of the instant concrete roof, namely, K, M, M, N,O, P, Q, Q, R, and 17 units of the instant real estate.

) The sales amount was determined as KRW 1.955 million and down payment KRW 40 million (hereinafter “instant sales contract”) and purchased (hereinafter “instant sales contract”).

(2) Article 7 of the instant sales contract provides that “If the seller has entered into this contract, he/she shall compensate for the amount double of the down payment,” and the special terms stipulate that “the sales contract shall offset the amount of KRW 1.61 billion from the balance.” 2) The Plaintiff paid KRW 236,890,000 to the Deceased 19 times in total with respect to the instant sales contract by June 1, 2017, including that the Plaintiff paid the down payment of KRW 40 million on the date of the contract and the following eight occasions.

B. On April 26, 2017, the Deceased registered the provisional registration and the provisional disposition prohibiting the disposal of the instant real estate (1) on April 26, 2017, the deceased completed the provisional registration of the right to claim ownership transfer on the same day with respect to the instant real estate, which was based on the promise to sell the instant real estate. (2) On June 13, 2017, the Plaintiff completed the provisional disposition following the decision to prohibit the disposal of the instant real estate by taking the right to claim ownership transfer and the provisional registration revoking the right to claim ownership transfer on the instant real estate as the right to be preserved.

C. As to the decision to permit sale of part of the instant real estate, the auction procedure was conducted to exercise the security right in close support W on the part of the instant real estate. Of them, Nho-ho and S apartment houses among the I ground apartment houses and officetels in Gyeongyang-do, Gyeongyang-do, Gyeongyang-do.

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