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(영문) 대전지방법원 2014.03.12 2013가합8902
배당이의
Text

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

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

Reasons

1. Basic facts

A. The Plaintiff is a person who entered into a sales contract with E and one other, and 14,184 square meters of forest land in Daejeon Seo-gu, Daejeon (hereinafter “instant forest”) and the Defendant Company is a company with the representative director, and Defendant C is the wife of E.

B. Agreements between the Plaintiff and E are as follows.

On June 14, 2004, the date of the conclusion of the instant contract on the forest land (hereinafter “instant contract”): The purchase price: KRW 2.8 billion (payment on the date of the contract, the balance of KRW 300 million shall be paid on the date of November 13, 2004) - the buyer and one other - the special contract: The buyer and one other - the forest land in this case are subject to a land transaction permission area, and the buyer pay the balance within 10 days if the permission was granted without any conditions, and the buyer pays the balance within the limit of September 5, 2004 when the permission was granted.

- The filing date: August 26, 2004 - The forest of this case -

1. On June 14, 2004, the above goods comply with the instant sales contract that the non-party E and one other shall pay the Plaintiff the down payment of KRW 300 million and the balance of KRW 2.5 billion.

2. The establishment of the right to collateral security, E and one other, shall be paid to the Plaintiff on September 20, 2004, KRW 1 billion on September 20, and KRW 200 million on November 30, 2004, respectively, and the remainder KRW 1.3 billion shall be paid upon the receipt of the registration from the Plaintiff by the Plaintiff by the non-party E and one other.

3. The amount to be reported at the time of transfer of registration shall be two billion won.

The written consent of this case (hereinafter referred to as the "written consent of this case"): June 7, 2010; - With respect to the forest land of this case, E and one other party and the plaintiff agree to sell and purchase the forest land of this case by mutual agreement.

After the sale, the remainder after deducting the down payment and intermediate payment, and the remaining profits shall be divided to 50:50 by the plaintiff and one other.

C. E paid to the Plaintiff the down payment of KRW 30 million on the day of the instant sales contract, KRW 90 million on September 6, 2004, KRW 17 billion on the same month, KRW 1.35 billion on November 1, 2005, and KRW 1.35 billion on the instant forest to the Defendants. The Plaintiff is a forest of this case.

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