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(영문) 수원지방법원 성남지원 2018.08.28 2017가단227942
대여금반환
Text

1. The Defendant shall pay to each of the Plaintiffs KRW 18,177,421 as well as 15% per annum from December 13, 2017 to the date of full payment.

Reasons

1. Basic facts

A. The plaintiffs are married couple, and the defendant was registered in the register as to the 2,983 square meters of woodland D in Gwangju-si (hereinafter "the real estate in this case") around 2006.

B. Around May 15, 2006, the Plaintiffs concluded a mortgage agreement with the Defendant to create a neighboring mortgage (hereinafter “mortgage establishment registration”) with regard to the instant real estate at KRW 120 million on the same day on the same day, and on the same day, concluded the mortgage agreement with the creditor and the mortgagee, the debtor, the maximum debt amount, KRW 120 million.

C. Afterwards, at the auction procedure commenced by Sungwon District Court Sungnam Branch Support E with respect to the instant real estate upon the Plaintiffs’ application, the Plaintiff, as the applicant creditor and the mortgagee, was distributed KRW 41,822,579 to the Plaintiff, and KRW 41,822,578 to the Plaintiff, respectively.

On the other hand, around October 26, 2005, the Plaintiffs entered into a sales contract with the Defendant for the instant real estate (hereinafter “instant sales contract”). The main contents are as follows.

Sales contract: Geumcheon,00,000,000 won (122,280,000) contract deposit: Geumcheon,000,000 won, paid at the time of the contract, and the intermediate payment: Geumcheon,000,000 won, paid on October 28, 2005, and the remaining gold: Geumcheon,000,000 won, shall be paid after the establishment of a collateral security.

On October 26, 2005, the seller of land C and F: The name of the Plaintiff B before the opening of the Plaintiff B, the fact that there is no dispute over the Plaintiff A [which is the ground for recognition], the entries in the evidence Nos. 1, 2, and 3, the evidence No. 1 (including each number), and the purport of the whole pleadings.

2. The assertion and judgment

A. The plaintiffs asserted that they purchased the instant real estate from the defendant around October 2005, but did not complete the registration of ownership transfer due to the land transaction permission system, and completed the registration of establishment of the instant real estate to secure the purchase price.

However, on March 2013, the Defendant, Inc., Ltd., Ltd., H.

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