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(영문) 수원지방법원 안양지원 2018.09.12 2017가단10860
근저당권설정등기 말소
Text

1. The defendant received KRW 16,460,632 from the plaintiffs, and each of them listed in attached Tables 1 and 4 to the plaintiff A.

Reasons

1. Facts of recognition;

A. The relationship between the Plaintiff A and B is between the couple, and the Plaintiff C and E, and F are the children of the said couple (hereinafter “Plaintiff A and their family members”).

2) Plaintiff A, along with Plaintiff C, is a licensed real estate agent, the office of H real estate agent (hereinafter “H real estate agent”) under Article 112 of the former G Building 112 during Ansan-si.

The plaintiff B operated the business, and the plaintiff B assisted the business at the above office. In addition, the plaintiff A as the head office, the representative director of the plaintiff B, and the I Co., Ltd. (hereinafter referred to as "I") with the objective of constructing a new building and selling the building.

2) The Defendant is between the J and the married couple, and K is the friendship of J.

(b) The total amount of the subscription amount of KRW 250,00,000 among some blocks of one story of a L building in the central commercial area of a housing site development zone in Sungnam-si, Sungnam-si, including the conclusion of each of the instant agreements, 1,250,000,000;

1. If Party A (Plaintiff A and I) wishes to purchase the above indicated real estate in a store, Party B (Defendant J) shall provide Party B with the number of units, store size, and total agreed amount by store location within the limit of five times the total amount of the subscription amount per contractor based on the total amount of the purchase price acquired from Party B’s Domp, upon which Party B wishes to purchase the above indicated real estate in a store.

2. Where a Eul's store intends to be sold in lots, the subscription amount shall be converted into a down payment (20%) and the payment method for intermediate payments and remainder shall be determined in the same manner as the sale by the general public in lots.

4. If B wishes to receive a payment of investment proceeds, A shall sell in general the area equivalent to the total amount of B’s agreement to the general public, and after deducting 6% of the sales commission (based on the general sales price) and various taxes and public charges with the difference between the total amount of the general sales agreement and the total amount of the agreement as the investment proceeds, the reservation principal shall be paid immediately in general, and the investment return amount shall be paid twice (10% of the principal at the time of the contract and the balance of the first intermediate payment proceeds).

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