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(영문) 제주지방법원 2017.09.26 2016가단52400
매매대금
Text

1. All claims filed by the Plaintiff (Appointed Party) and the Defendants E and F are dismissed.

2. The costs of lawsuit shall be.

Reasons

1. Basic facts

A. The Plaintiff, etc. and the Defendants concluded a sales contract (hereinafter “instant sales contract”) as follows:

A seller’s purchase price on the date of concluding a contract (limited to the part with a lot number; hereinafter the same shall apply) is indicated in the sales contract for the Defendant Company E prior to H on September 13, 2013, 2013, KRW 21,669 square meters, KRW 49,620,000,000,000 prior to H on September 13, 2013, Defendant E, 16,221 square meters prior to J on September 13, 2013, KRW 11,571 square meters prior to J. 16,221 square meters, KRW 3,571 square meters prior to 3,571 square meters prior to 3,306 square meters prior to N. 3,57 square meters prior to 3,306 square meters prior to the date of signing a contract, but the Plaintiff entered the remainder as the sales contract for Defendant B’s 13,013 square meters as the sales contract date.

) The result of the instant court’s order to submit financial transaction information to the Korea Rural Community Corporation (the date of the sales contract was September 12, 2013) was sent to the Korea Rural Community Corporation.

According to the above, it is reasonable to view that the sales contract concluded between the Plaintiff and Defendant B on the P land was concluded on September 13, 2013 as the same day as the sales contract for the land with another party.

P Prior to 17,864 square meters 27,0150,000 square meters F, Defendant B, September 13, 2013, KRW 29,174 square meters 44,1250,000,000 prior to Q.

B. As to the land J, K, L, M, M, N, Q, andO on November 8, 2013, Defendant B completed each registration of ownership transfer on the P land on February 5, 2014, and Defendant B completed each registration of ownership transfer on the H and I land on October 28, 2013 (hereinafter collectively referred to as “each of the instant real estate”, including each of the instant land, and only parcel number is indicated in the case of additional parcels of individual land).

C. Meanwhile, at the time of the instant sales contract, each of the instant real estate was jointly secured by the maximum debt amount of KRW 754 million, the establishment registration of the mortgage of the Plaintiff and the mortgagee D was completed, and the J, K, L, L, M, N,O, H, and land of KRW 1 billion,070,000,000,000,000,000 won, the debtor, E, and the Korea Rural Community Corporation.

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