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(영문) 의정부지방법원 2015.12.16 2014가합6111
양수금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

Basic Facts

On March 27, 2010, the Plaintiff entered into a sales contract (hereinafter “instant sales contract”) with respect to D. 375 square meters and the fourth-story detached housing (hereinafter “instant real estate”) on the land owned by the Plaintiff, setting the sales price as KRW 1.5 billion, and sold it to C. However, on August 12, 2010, the down payment of KRW 150 million was calculated by subtracting the lease deposit from KRW 550 million, and the remainder of KRW 800,000,000,000,000 from the end of the same month (hereinafter “instant sales contract”).

When C was unable to prepare the money to pay the above purchase price, and it was lent to the Plaintiff as security, C was awarded the remainder of the purchase price with the money, and C was awarded a successful bid on five lots of land located at the time C was at the time of the successful bid, or Aju Construction Co., Ltd acquired a lien on the apartment of this case where Aju Construction Co., Ltd exercised a lien and made the purchase price.

The Plaintiff promised to pay to the Plaintiff. On May 12, 2010, the Plaintiff borrowed the instant real estate from E and F, which was introduced by C on May 12, 2010, the mortgagee of the right to collateral security, E, F, and the debtor, with C, with the establishment of the right to collateral security, and 250 million won, and then relet the remainder of KRW 145 million after deducting 80 million in the name of the down payment.

G on June 28, 2010, as the H Office Branch of Aju Construction Co., Ltd. (formerly: Limited Company Construction; hereinafter “Aju Construction”), jointly and severally guaranteed the above loan debt to the Plaintiff by the Plaintiff, the payment guarantee certificate in the name of Aju Construction was also prepared and issued to the Plaintiff.

The Plaintiff and C shall prepare an implementation agreement on the instant sales contract on June 29, 2010, and where the sales contract is not implemented due to the causes attributable to C, C shall pay the Plaintiff all the loans, interest and loss expenses, and the down payment of the sales contract.

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