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(영문) 수원지방법원 평택지원 2017.04.28 2016가단11504
매매대금
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. Basic facts

A. On April 29, 2016, the Plaintiff agreed with Defendant C to sell KRW 1/10 of the purchase price of KRW 120,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,0000,0000,0000,0000,0000,0000,0000,000,000,000,000,000,

(hereinafter “instant sales contract”). B.

As to the instant land at the time of the instant sales contract, on March 22, 2010, the establishment registration of a mortgage (hereinafter “mortgage”) was completed on April 22, 2014, including the debtor, the mortgagee, the amount of the right to collateral security, the maximum debt amount of KRW 455 million, the establishment registration of a mortgage (hereinafter “mortgage”) of the Plaintiff, the mortgagee, the amount of the right to collateral security, the amount of the maximum debt amount of KRW 60 million, and the establishment registration of a mortgage (hereinafter “mortgage”) of the Plaintiff, the mortgagee, the amount of the right to collateral security, and the maximum debt amount of KRW 60 million, respectively, on November 3, 2014.

C. On May 3, 2016, the Plaintiff received the down payment of KRW 20 million from Defendant C, and completed the registration of ownership transfer in the name of Defendant B with respect to the share of KRW 1/10 of the instant land.

On June 20, 2016, the Chungcheongnam-do Regional Land Tribunal rendered a ruling on June 20, 2016 that “the instant land shall be expropriated in KRW 747,910,990 for the general industrial complex coordination project, and the starting date of expropriation shall be August 4, 2016.”

E. Accordingly, on July 27, 2016, ELD Life Health Co., Ltd. deposited KRW 83,091,110 with Defendant B for land expropriation. On August 4, 2016, the registration of ownership transfer was completed for 1/10 shares out of the instant land due to land expropriation on the same day. On the same day, ①, ②, and ③ collateral security was revoked.

F. Defendant C’s land expropriation amounting to KRW 83,112,874 on November 17, 2016.

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