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(영문) 부산지방법원 2016.12.22 2015가단232053
정산금
Text

1. The Defendant shall start on October 15, 2015 with respect to the Plaintiff A, KRW 127,377,150, KRW 63,68,576, and each of the above amounts.

Reasons

1. Facts of recognition;

A. The plaintiffs and the defendant jointly purchased the real estate (1) on March 3, 2006, the plaintiff A and the defendant purchased each real estate listed in the separate sheet (hereinafter "each real estate of this case") from D (former name: E) and F on March 3, 2006. The contract amount of KRW 300 million on the date of the contract, and the intermediate payment of KRW 300 million on the date of the contract, and the intermediate payment of KRW 300 million on March 22, 2006, and the remainder of KRW 1 billion on April 20, 2006 (hereinafter "the contract of this case"), and paid KRW 20 million prepared by the defendant and KRW 100 million on the contract deposit.

(2) On March 22, 2006, Plaintiff B participated in the purchase of each of the instant real estate, and paid an intermediate payment of KRW 300 million to the seller on March 22, 2006, and on March 23, 2006, in the application for permission for a land transaction contract of March 23, 2006, Plaintiff B stated that Plaintiff A acquires each of the instant real estate in the amount of KRW 1 through 750,000,000,000,000,000,000,000 won; Defendant 8 through 1 billion, and Plaintiff B’s 11 and 12 billion, respectively.

(3) Thereafter, each sales contract signed on March 31, 2006, prepared by the Plaintiff 1 to 7 real estate Nos. 715 million won, entered that the Defendant purchased the real estate Nos. 8, 9, and 10 billion won, and that the Plaintiff B purchased the real estate No. 11 and 120 million won, respectively, and that the registration for transfer of ownership was completed on March 31, 2006.

B. On March 31, 2006, the Plaintiffs and the Defendant set up a joint collateral for each of the instant real estate (1) and appropriated the Plaintiff B as the obligor from Han Bank Co., Ltd. (hereinafter “I Bank”) for the remainder of KRW 1.3 billion after obtaining a loan of KRW 1.3 billion from Han Bank to cover the remainder of KRW 1.05 billion. Each of the instant real estate registered in their respective names was set up a collateral security with Han Bank as the joint collateral.

(2) On April 20, 2007, Plaintiff A had 1.32 billion won from the Maritime Agricultural Cooperative (hereinafter “CF”) on April 20, 2007.

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