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(영문) 수원지방법원평택지원 2014.06.18 2013가합3011
구상금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. The following facts do not conflict between the parties or may be acknowledged by taking into account the following facts: Gap evidence 1-2, Eul evidence 2, Eul evidence 3, Eul evidence 4, Eul evidence 1-2, Eul evidence 2, Eul evidence 3, Eul evidence 4, Eul evidence 5, Eul evidence 6, Eul evidence 7, Eul evidence 8, Eul evidence 10, Eul evidence 11, Eul evidence 13, Eul evidence 14, Eul evidence 17, and Eul evidence 17.

The Plaintiff and the Defendant jointly purchased 407 square meters and 1,091 square meters prior to Pyeongtaek-si D, which were owned by C (hereinafter “instant land”). The Plaintiff and the Defendant agreed to jointly purchase the instant land and to complete the registration of ownership transfer under the Plaintiff’s name. On February 2, 2004, in the performance of the procedure for the registration of ownership transfer, the Defendant’s complaint submitted by the Defendant is KRW 166,380,00,000, the sales price of the instant land was KRW 110,000,000, which is KRW 110,000,000,000. However, in the instant case, the written reply submitted by the Plaintiff on July 24, 2012 and the written application for the alteration of the purport and cause of the purchase price submitted by the Defendant is written in KRW 10,00,00

The sales contract was concluded with respect to the land of this case, and the registration of transfer of ownership in the name of the plaintiff was completed on February 5, 2004, No. 9389, which was received on February 25, 2004 as the Suwon District Court No. 9389, Feb. 5, 2004.

B. In order to raise funds for the purchase of the instant land, the Defendant: (a) completed the registration of creation of a neighboring mortgage (hereinafter “mortgage-mortgage-mortgage-backed mortgage-backed security”); and (b) obtained loans from Pyeongtaek-si and Nonghyup National Agricultural Cooperatives in the form of a Maspon passbook (F Account Number) with a maximum debt amount of KRW 200,00,000 (the maximum debt amount of November 6, 2005 changed to the maximum debt amount of KRW 330,000 for the payment of interest, etc. on the loan obligation); and (c) obtained loans from the debtor, the Defendant, and Pyeongtaek-si and Nonghyup National Agricultural Cooperative (hereinafter “Seoul”); and (d) obtained the interest on the said loan from June 201.

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