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(영문) 수원지방법원 2018.04.03 2016가단27159
손해배상(기)
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The mother E of the Defendants and the Defendants completed the registration of transfer of ownership based on a gift made on May 20, 1996 by the Suwon District Court No. 4752, which received from the Suwon District Court, No. 4752, which received the registration office for the establishment of the forest of this case (hereinafter “the forest of this case”).

B. On May 6, 2008, the Defendants sold 3/4 of the instant forest shares owned by the Defendants among the instant forest land located within the land transaction permission zone at the time, and established a collateral security in the name of a third party where G resells the said shares without obtaining land transaction permission, and made a sale contract with the content as follows, which consists of the seller’s Defendants and the purchaser’s “six persons” (hereinafter referred to as the “instant sales contract”). G paid to the Defendants a total amount of KRW 1,180,000,000 as the purchase price.

2.In the sale of the above real estate in Article 2 of the terms of the contract, the sales amount shall be paid as follows:

In the event of a contract for purchase price of KRW 1,300,000 for down payment of KRW 200,000 for down payment of KRW 200,000 for intermediate payment of KRW 400,000 for intermediate payment of KRW 400,000 for August 8, 2008, the seller shall faithfully provide the seller with all the essential actions necessary for the creation of collateral mortgage and the transfer of ownership until the title of Article 8 is transferred.

Article 9 The remaining date of payment shall be determined by mutual agreement thereafter.

C. Since then, among the forest land of this case, the Defendants were the debtor with respect to their third/4 shares owned by the Defendants: ① the establishment registration of a neighboring mortgage-holder H on May 13, 2009 with the maximum debt amount of KRW 500,000,000, and ② the establishment registration of a neighboring mortgage-holder H on the same day with the maximum debt amount of KRW 250,000,000, the establishment registration of a neighboring mortgage-holder as the Plaintiff, ③ the establishment registration of a neighboring mortgage-holder on November 3, 2009 with the maximum debt amount of KRW 50,000,000,000, and ④ the establishment registration of a neighboring mortgage-holder corporation I (hereinafter “foreign company”); ④ the establishment registration of a neighboring mortgage-holder as the mortgagee; and

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