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(영문) 인천지방법원 2017.07.18 2016가합50906
매매대금
Text

1. The plaintiff's lawsuit against the defendant C shall be dismissed.

2. Defendant B: (a) KRW 64,297,192 on September 2, 2015, and as to the Plaintiff.

Reasons

1. Basic facts

A. 1) On September 25, 2012, the Plaintiff borrowed KRW 250 million from Defendant C at interest rate of 4% per month (hereinafter “the instant loan”).

(2) On September 25, 2012, the Plaintiff received KRW 225,80,000,000,000,000,000. (2) On September 25, 2012, the Plaintiff completed the registration of creation of a neighboring mortgage (hereinafter “mortgage”) with respect to the Plaintiff, the mortgagee, the Defendant C, the maximum debt amount, KRW 325,000,000,000,000,000,000,000.

3) From October 25, 2012 to December 28, 2014, the Plaintiff paid KRW 178,100,000 to Defendant C with interest on the instant loan obligations. (b) On January 12, 2015, the Plaintiff, including the conclusion of the instant sales contract, decided to sell the instant land between the Defendants and the Defendants, while selling the instant land to Defendant B, the sales contract, the purchase price of which is KRW 1130,00,000 (hereinafter “the instant sales contract”).

2) The Plaintiff prepared a plan, and Defendant B prepared a plan for the establishment of a plan for the establishment of a plan for the establishment of a plan for the establishment of a plan for the establishment of such plan.

(2) The Plaintiff’s obligation to take over the instant land (hereinafter “instant sales contract”) including two loans (totaling KRW 780,000,000) to be paid to Defendant C, and the instant loan to be paid to Defendant C (hereinafter “instant loan contract”).

(C) At the time of the conclusion of the instant sales contract, the instant land was set up on June 3, 201, on the ground that: (a) the debtor FF, the mortgagee’s right to collateral security, the right to collateral security, the right to collateral security, the right to collateral security, the right to collateral security, the right to collateral security, the right to collateral security, the right to collateral security, and the right to collateral security, the maximum debt amount of which was 65 million won, respectively.

2) At the time of entering into the instant sales contract, on the instant land, on December 18, 2014, the seizure authority registered the seizure of the remaining job offers in Incheon Metropolitan City. 3).

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