(영문) 전주지방법원군산지원 2019.01.24 2017가단55815

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(영문) 전주지방법원군산지원 2019.01.24 2017가단55815

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1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On June 23, 2015, the Defendant completed the registration of ownership transfer with respect to the instant real estate, and completed the registration of ownership transfer on October 1, 2015, the establishment of a collateral security right (hereinafter “instant collateral security right”) comprised of the maximum debt amount of KRW 96 million and the association of the mortgagee D.

B. On October 24, 2016, the Plaintiff drafted a sales contract with regard to the instant real estate between E and the seller, the buyer, the Plaintiff, the sales price of KRW 170 million, the down payment of KRW 20 million, the remainder of KRW 150 million (payment at the time of a contract), and the remainder of KRW 150 million (payment on November 15, 2016).

(hereinafter “The First Sales Contract of this case”). E signed and sealed on the First Sales Contract of this case as a seller’s representative, but the Defendant did not participate in the preparation of the First Sales Contract of this case at all.

On October 25, 2016, the Plaintiff paid KRW 20 million to E.

C. The instant sales contract was not implemented between E and the Defendant as a matter of debt settlement related to the instant real estate.

(1) On January 23, 2017, the Plaintiff entered into a sales contract with the Defendant with respect to the instant real estate as the seller, buyer, Plaintiff, sales price of KRW 150 million, down payment of KRW 20 million (payment at the time of a contract), and the remainder of KRW 130 million (payment on March 30, 2017) (hereinafter “instant secondary sales contract”).

(2) Article 5 of the sales contract of this case provides that “The seller shall compensate for the double amount of the down payment and the buyer shall not waive the down payment and request the return of the down payment.”

3. Paragraph 2 of Paragraph 2 of the Special Agreement on the Second Sale Contract of this case provides that "the mortgage of this case shall be cancelled on his/her own responsibility until March 20, 2017, and five million won of acquisition tax paid by the defendant as at the time the real estate of this case was acquired shall be paid to the defendant

(xc)"assign."

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