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(영문) 창원지방법원마산지원 2015.07.24 2014가합3146
대여금
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. 1) The Plaintiffs and D Religious Organizations Ecom Association (the Plaintiff B is the representative).

hereinafter referred to as “instant church”

2) On May 2, 2011, the term “instant real estate” means: (a) on May 2, 201, G workers’ living facilities with the size of 678m2 and six-storys on the land of Changwon-si, Changwon-si; (b)

(2) On May 30, 201, the Plaintiffs and the instant church completed the registration of transfer of ownership of each share in the instant real estate at the rate of 1/4 of the Plaintiffs and 2/4 of the instant church on May 30, 201, and the Plaintiff A, on the same day, loaned the instant real estate at KRW 900 million from an agricultural cooperative, the purchase price of KRW 1.6 billion (the contract amount of KRW 200 million, the intermediate payment of KRW 900 million, the remainder payment of KRW 500 million). According to the above sales contract, on June 10, 2011, the date of the intermediate payment, orders the instant real estate to be issued on June 10, 201.

B. On December 8, 2011, the Plaintiffs and the instant church drafted a sales contract that sells the instant real estate to the Defendant and the instant church at KRW 1.6 billion.

According to the above sales contract, KRW 500 million is paid on December 9, 2011, the intermediate payment of KRW 900 million, and the remainder KRW 200 million on February 29, 2012. At the same time, the seller cancels the provisional registration of the local tax (No. 20,21,22) and the provisional registration No. 23 of the Mucheon-gu Office, the real estate of which is completed at the same time as the contract of the contract of this case, and the intermediate payment is replaced by succeeding to the principal amount of the loan of the U.S. Gyeongcheon National Agricultural Cooperative, and the buyer bears interest accrued after this day, and the seller enters into a special agreement to implement the ownership transfer registration procedure even before the outstanding payment date after the intermediate payment is made.

(hereinafter “instant sales contract,” and the said sales contract is called “instant sales contract.”

1 The defendant's letter that " December 19, 2011" shall pay the balance of the real estate sale price of this case 200 million won by February 29, 2012.

except that such payment shall be made in the presence of the former owner F and H.

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