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(영문) 대구지방법원서부지원 2020.09.17 2018가합856
약정금
Text

The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On May 19, 2016, the Plaintiff sold each real estate listed in the separate sheet (hereinafter “instant real estate”) to C for KRW 850 million (hereinafter “pre-sale contract”) and completed the registration of ownership transfer on May 23, 2016.

B. After C completed the registration of transfer of ownership with respect to the instant real estate, the registration of establishment or provisional seizure of each of the instant real estate was completed as follows:

(A) The registry office with jurisdiction over the receipt number of the kind of registration No. 1: the registry office with jurisdiction over the registration number of the establishment of the first place of the registration of the establishment of the establishment of the first place of the non-permanent branch of the Daegu District Court (hereinafter referred to as the “first place mortgage”).

Upon receipt of May 23, 2016, No. 7052 and debtor: C: The maximum amount of claims from D cooperatives and the maximum amount of claims: KRW 910,000,000: The grounds for registration: The provisional attachment on May 23, 2016 (hereinafter referred to as "provisional attachment of this case") shall be registered on May 23, 2016.

The amount of money received on November 10, 2016, No. 16751 and creditors: E Co., Ltd.: KRW 69,356,789 and the cause of registration: The decision of provisional attachment of the Daegu Seo-gu Branch Support (2016Kadan51015) was cancelled on December 14, 2017, and the registration of the establishment of the third branch mortgage (hereinafter “the second branch mortgage of this case”).

The debtor, No. 15984, Oct. 28, 2016: F & collateral mortgagee: A corporation: the maximum amount of G and credit: 60,000,000 won and the cause of registration: Contract on October 28, 2016.

C. On July 6, 2017, C sold the instant real estate to the Defendant (hereinafter “instant sales contract”). As to the instant sales contract between C and the Defendant, two of the instant sales contract was prepared as follows:

(hereinafter) A’s certificate Nos. 2 and 9’s certificate Nos. 2 and 9’s certificate No. 2 and No. 2’s certificate No. 2 are “the second contract”). [The Defendant’s certificate No. 4 (the letter of payment for real estate was forged by the Plaintiff, H, and C along with the letter of payment for real estate price), but there is no evidence to acknowledge it.

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