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(영문) 청주지방법원충주지원 2016.06.02 2015가합3440
매매대금반환
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. Facts of recognition;

A. On September 6, 2005, Pyeongtaek Development Co., Ltd. (hereinafter “Puju Development”) entered into each credit transaction agreement with the non-party mutual savings bank (hereinafter “Bankruptcy Bank”) with the amount of credit limit of KRW 4,000,000,000, and on December 29, 2006, the amount of credit limit of KRW 2,400,000,000, and the amount of credit limit of KRW 450,00,000 on May 31, 207, and borrowed money from the Bankruptcy Bank.

B. On May 13, 2005, Defendant A sold the land located in Chungcheongnam-gun A to Pyeongtaek Development, and received KRW 70,000,000 from Pyeongtaek Development. On July 15, 2005, Defendant B completed the registration of the right to claim ownership transfer based on the promise to trade the land. (2) On April 1, 2005, Defendant B sold each land located in Chungcheongnam-gun A, K, L, and M and received KRW 226,80,000 from Pyeongtaek Development, and on July 14, 2005, Defendant B completed the registration of the right to claim ownership transfer on each of the above land.

On January 6, 2012, Pyeongtaek Development transferred the right to claim ownership transfer with respect to each of the above lands to N, and completed the additional registration in the name of N on February 21, 2012 regarding the provisional registration of the above right to claim ownership transfer under the name of Pyeongtaek Development, and on February 21, 2012, the ownership transfer registration for each of the above lands was completed on January 6, 2012 in the N’s name.

3) On April 13, 2005, Defendant C sold the land located in the voice group located in Chungcheongnam-gun, and received 63,500,000 won from Pyeongtaek-gun Development. On June 15, 2005, Defendant C completed the registration of the right to claim transfer of ownership based on the promise to trade the said land. Defendant D sold the land located in the voice group of Chungcheongnam-gun to Pyeongtaek Development on April 13, 2005 and received 63,500,000 won from Pyeongtaek-gun Development, and on June 15, 2005, Defendant D sold the said land to Pyeongtaek-gun Development and received 63,500,000 won from Pyeongtaek-gun Development.

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