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(영문) 대구지방법원 2018.06.27 2018나302085
매매대금
Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

Reasons

1. Basic facts

A. On August 31, 2011, the Plaintiff: (a) sold the instant building to the Defendant (hereinafter “instant sales contract”); and (b) on August 31, 201, the Plaintiff drafted a sales contract stating that the Plaintiff sells the instant building to the Defendant KRW 130 million (Evidence A 2; hereinafter “instant sales contract”).

B. On September 8, 2011, the Plaintiff completed the registration of ownership transfer in the name of the Defendant on the ground of sale as of August 31, 2011.

C. On September 8, 2011, the Defendant loaned KRW 70 million from the Korea Saemaul Savings Depository (hereinafter “instant loan”), the maximum debt amount of KRW 91,00,000,000 to the Defendant, and the Defendant, the Defendant, and the Defendant, as the Korea Saemaul Savings Depository.

On September 9, 2011, the instant loan was deposited into the Defendant’s account. Of them, KRW 47,161,542 was transferred to repay the secured debt of the right to collateral security, which was established in relation to the instant building, to the obligor, the Plaintiff, and the Plaintiff of the right to collateral security, as the Si/Do Forestry Cooperatives. KRW 3,227,450 was used as the certified judicial scrivener’s expense, and KRW 70,000 was used as the revenue stamp expense, and KRW 1,954,00 was withdrawn, and the remainder of KRW 1,00 remains in the Defendant’s account.

E. The interest on the instant loan obligation was paid by the Plaintiff’s side by August 2015.

F. At present, the Plaintiff’s Dong C resides in the instant building.

G. D is the Plaintiff’s mother, E is a person in a de facto marital relationship with D, and F is the Defendant’s husband.

H. On October 21, 2016, Defendant and F sent a certificate of content demanding the delivery of the instant building to E and D, and the Defendant thereafter filed a lawsuit seeking delivery against E, D and C with the Daegu District Court Residential Support Nos. 2016Gadan3354 and 2017Gadan130.

(hereinafter referred to as “related litigation”) The case involving the delivery of buildings against E and D, etc.

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