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(영문) 수원지방법원 2018.06.12 2017나76678
약정금
Text

1. The plaintiff's appeal against the defendants is dismissed in entirety.

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

purport, purport, and.

Reasons

1. Basic facts

A. On July 2010, D, E, and Defendant B jointly purchased real estate listed in the separate sheet (hereinafter “instant real estate”) and then divided development gains or divided market prices profits by constructing fences, etc.

B. D purchased the instant real estate from F on July 12, 2010 in KRW 1,143,680,000, and paid KRW 350,00,000 as the down payment on the date of the contract, and KRW 793,680,000 as the remainder on August 9, 2010, and entered into a contract under which the ownership of the instant real estate shall be transferred under the joint name of D, E, and Defendant C (hereinafter “instant sales contract”).

C. The instant sales contract was paid to D; ① E paid KRW 20 million on July 12, 2010; KRW 138,500,000 on August 9, 2012; and KRW 345,700,000 on September 2, 2010; ② Defendant B paid KRW 150,000 on July 12, 2010; ② KRW 174,678,717 on August 9, 2010 (limited to the above amount remitted under Defendant C’s name); KRW 32,378,717 on September 7, 2010; and ② Defendant B paid KRW 3478,717 on September 7, 2010.

D paid KRW 20 million received from E on July 12, 2010, and KRW 150 million received from Defendant B, and KRW 350 million in total, as the down payment of the instant sales contract.

(However, 90 million won out of the above money was paid to Nonparty G on behalf of F. (e)

On the other hand, among the instant real estate on August 9, 2010, the ownership transfer registration was completed in the name of D with respect to the portion 19,574/47,260 among the instant real estate, in the name of Defendant C with respect to the portion 14,463/47,260, in the name of Defendant C with respect to the portion 13,223/47,260, and as to the portion 13,223/47,260, in the name of E with respect to each of the instant real estate as the debtor, D provided the entire instant real estate as the collateral to secure the amount of 400 million won of the instant loan in its name with the consent of E and Defendant B (or Defendant C).

Ultimately, as to the whole real estate of this case.

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