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(영문) 수원지방법원성남지원 2017.07.18 2016가단12129
대여금
Text

1. Defendant B’s KRW 100,000,000 as well as 5% per annum from August 18, 2007 to June 3, 2016 to the Plaintiff.

Reasons

1. Presumed factual basis

A. On July 30, 2007, the Plaintiff purchased part (i.e., the part anticipated to be G in the event of subdivision or subdivision; hereinafter “G land”) of the E Forest land E 24,919 square meters (hereinafter “F Forest land”) owned by Defendant B in Gwangju-si, Gwangju-si (hereinafter “instant land”) from KRW 193 square meters, and paid KRW 170,000,000 (hereinafter “instant sales contract”). On August 17, 2007, the Plaintiff paid KRW 100,000 as the down payment and intermediate payment to Defendant B in the name of KRW 100,000.

B. As to the instant land, the provisional registration of the right to claim partial transfer of ownership was completed in the Defendants’ name. On November 20, 2008, the provisional registration of each of the above provisional registration was completed on the claim amounting to KRW 250,000,000 against the deceased D’s inheritors as creditors (this court 2008Kadan51403), and the provisional registration of the right to claim partial transfer of ownership under the Defendant B’s name was completed on November 5, 2015, the provisional registration of seizure (No. 2015 Tachi1712) against H was completed on November 5, 2015.

C. From January 19, 2009, from the case of claim for the purchase price against the Defendants (this Court Decision 2008Gahap8580) that the deceased D’s inheritors filed against the Defendants, “The Defendant received from the inheritors the documents necessary for filing an application for subdivision of the instant land, an application for land transaction permission, and an application for ownership transfer registration based on sale and purchase, and at the same time, paid KRW 250 million to the inheritors, and the inheritors and the Defendants shall cooperate to the utmost extent with the obligation to deliver the relevant documents and to pay the relevant documents until February 28, 2009, and the inheritors shall receive KRW 250 million from the Defendants, and the heir shall cancel the application for provisional attachment (hereinafter “instant voluntary conciliation”).

However, the Defendants failed to pay the price according to the conciliation until the date of the closing of the argument in the instant case, and thus, failed to have the ownership of the instant land transferred.

[Ground for Recognition] Unsatisfy, A No. 1.

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