(영문) 서울서부지방법원 2014.03.06 2012가단48490

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(영문) 서울서부지방법원 2014.03.06 2012가단48490

보충금 등

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1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On April 16, 2011, at the C Licensed Real Estate Agent Office operated by the Defendant, a sales contract for the Plaintiff’s three lots of land and detached housing (hereinafter “instant land and housing”) in Eunpyeong-gu Seoul, F, G, and H-3 lots of land and its ground (hereinafter “instant land and housing”) and the sales contract for the I Building No. 101 (hereinafter “instant loan”).

In addition, the defendant signed and sealed each of the above sales contracts in the broker column.

(The so-called “each contract” or “exchange contract” between D and E, which served as the basis for the preparation of each contract, is called “instant contract.” (hereinafter “instant contract”).

The main contents of the first and second contracts shall be as follows:

The seller of the first contract: D buyer: The remainder that there is no contract deposit of KRW 36 million: 30 million shall be paid on May 13, 201, in the amount of KRW 36 million.

The buyer of paragraph (2) of the special agreement may adjust the balance date of paragraph (4) by mutual agreement, after confirming the maximum amount of mortgage claims 225 million won.

The seller of the second contract: The buyer shall pay on May 13, 201 the balance that there is no contract deposit of KRW 187 million: 10,000,000,000 won.

The remainder date of paragraph (2) of the special agreement shall be adjusted by mutual agreement after the issuance of a certified copy of the register.

C. On April 15, 2011, E had not opened a certified copy of the instant loan at the time of the preparation of each of the instant contracts, even though the registration was completed on April 15, 201 with respect to the instant loan, the debtor E, the maximum debt amount of KRW 180,850,000,000, and the mortgagee Seoul, the mortgagee of the right to collateral security, had not notified D of the said fact.

On April 19, 201, the perusal or issuance of a certified copy of the register of real estate register on loan was possible from around 17:00.

On the other hand, with respect to the instant land and housing, sale and purchase on October 1, 201.

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