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(영문) 광주지방법원 해남지원 2018.12.19 2018가합3384
추심금
Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

Basic Facts

E, around December 24, 2013, commenced the new construction of a commercial building of the size of 2 underground and 9 stories above the ground (hereinafter “instant building”) in Busan-gu, Seoul-si, Seoul-si. In order to raise the construction fund, E, on October 14, 2013, established and received loans, respectively, by setting up a maximum debt amount of 4.2 billion won, a mortgagee, a mortgagee, G Co., Ltd. (hereinafter “G”), a debtor, a collateral security right with the debtor, a maximum debt amount of 8.4 billion won on April 24, 2014, a mortgagee, G, and a debtor, with a collective security right of the amount of 8.4 billion won against the maximum debt amount, a mortgagee, and a debtor.

(hereinafter the above collateral security (hereinafter referred to as “each of the instant collateral security”). The contract terms and conditions with Defendant E with Defendant E agreed to settle the purchase price of the number of housing units (won) as the contract date for the transfer of ownership registration date and the value-added tax after calculating the area later.

On April 4, 2015, the number of units (value-added tax) B B 1, 2014. 1, J, and K 940,000 building price of the east dong Cop, Ltd. (41,00,000 (49,582,650) on April 4, 2015, K 324,00,00,00 (29,351,160) on April 24, 2015; 30,000,000 (29,351,160) on April 24, 2015 with the Defendants on June 9, 2014; 50,000,000 building price of the same building; 50,000,000,000,0000; 30,015,05,016,05,016.

After that, on April 6, 2015, E completed the instant building and completed the registration of ownership transfer under the name of H (hereinafter “H”) with respect to each section of exclusive ownership of the instant building (hereinafter “store”). The Defendants concluded a sales contract with H as indicated below and completed the registration of ownership transfer in their names.

On the other hand, on April 6, 2015, each of the stores of the instant building, the registration of ownership preservation has been completed in the direction of H on April 6, 2015, and at the same time 8.4 billion won and 4.2 billion won.

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