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(영문) 서울남부지방법원 2018.08.14 2017가합110930
대여금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Facts of recognition;

A. On March 24, 2014, Defendant B, D, E, and F were awarded a successful bid for Defendant B, E, and H Building I through J (hereinafter “instant real estate”).

D, E, and F entered into a security trust agreement with K Co., Ltd. on June 5, 2014 with respect to the instant real estate, and LA was set as the first beneficiary, and M and Defendant C (Defendant B’s spouse) were added as the second beneficiary on the 16th day of the same month.

B. In relation to the instant real estate, the Plaintiff transferred KRW 462,00,000 to Defendant C’s bank account (O) from the end of 2015 to the beginning of 2016, and paid KRW 483,668,00 to H building account from November 2016, and KRW 802,00,000 to D’s account from March 2015, and paid KRW 22,735,260 to the instant real estate.

Article 1 (Sales Price and Method of Payment) ① The equity composition of the above real estate shall be D35/100, E35/100, F30/100, F 30/100, and the total purchase price of the real estate shall be KRW 10,000,000,000.

(2) The buyer shall pay the seller the purchase price in proportion to the ratio of ownership as follows:

The down payment and intermediate payment payment KRW 500,000,000 shall be paid on July 22, 2016.

Any balance of 5 billion won shall be succeeded to the L.S. loan amount

(Provided, however, on June 5, 2014, the seller agrees to dispose of the trusted real estate to the beneficiary of the trust proceeds under Article 2014-1120 of the Trust on the ground of trust on June 5, 2014, and the buyer cooperates so that disposal of the trusted real estate can be carried out smoothly.

(2) A seller shall be liable for termination of a trust deed for the trusted property and for the repayment of debts to the preferential beneficiaries.

(3) A buyer shall request a seller.

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