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(영문) 창원지방법원마산지원 2017.07.18 2016가단104558
매매대금
Text

1. All of the plaintiffs' claims are dismissed.

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

Reasons

1. Basic facts

A. Plaintiff A owned No. 1 of the third floor among the D ground buildings in Changwon-si, Changwon-si and Plaintiff B (spouse of Plaintiff A) owned No. 1 of the same fourth floor among the same buildings.

(hereinafter collectively referred to as “each of the instant commercial buildings”). Each of the instant commercial buildings was set up by the mortgagee NongHyup Bank Co., Ltd. (hereinafter “CFF”), the maximum debt amount of KRW 120,000,000, and the debtor E (Plaintiffs).

(hereinafter “instant collateral security”). B.

On February 22, 2016, the Defendant (Plaintiff A’s birth) completed each registration of ownership transfer for each of the instant commercial buildings on the grounds of sale on February 15, 2016. On the same day, the instant right to collateral security was cancelled, and at the same time, the Defendant established each right to collateral security (hereinafter “former Agricultural Cooperatives”) with the amount of KRW 21 billion with the maximum debt amount, and each right to collateral security (hereinafter “former Agricultural Cooperatives”) with the obligor.

[Reasons for Recognition] Facts without dispute, entry of Gap 5 evidence (including a provisional number; hereinafter the same shall apply), the purport of the whole pleadings

2. The parties' assertion

A. In light of the gist of the plaintiffs' assertion, since the defendant acquired each of the of the instant commercial buildings without any legal ground, the defendant is obligated to return to the plaintiffs the remaining amount obtained by deducting the amount of secured debt (10 million won), the amount paid to the plaintiffs (40 million won), and the amount paid to E (5.5 million won) from the appraisal price of each of the instant commercial buildings.

Preliminaryly, the Plaintiffs sold each of the instant shopping districts to the Defendant in total of KRW 240 million (each of KRW 120 million) or KRW 200 million (each of KRW 100 million). As such, the Defendant is obligated to pay the remainder of the sales price after deducting the amount of the secured debt.

B. The Defendant’s summary of the Defendant’s assertion purchased each of the instant commercial buildings from the Plaintiffs in total of KRW 160 million (each of KRW 80 million), and the instant collateral security that the Defendant acquired from the purchase price.

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