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(영문) 서울중앙지방법원 2018.06.28 2017가단78804
매매대금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. The real estate of this case is one real estate in which the 258 square meters and the housing below the ground level are located in the Ha-dong, Ha-dong, Ha-dong andHa-dong;

The plaintiff of the D cemetery 245 square meters was indicated in the warden as 258 square meters, but it appears to be erroneous.

The "2 real estate of this case" is referred to as "the two real estate of this case" and the "each real estate of this case" is referred to as "the two real estate of this case.

On December 15, 2010, the registration of transfer of ownership was completed on the ground of sale in the name of the Defendant in the Plaintiff’s name on December 15, 2010. [The absence of dispute over the grounds of recognition, the entry in the evidence No. 4-1 and No. 2-2, and the fact that

2. The parties' assertion

A. The Plaintiff’s assertion agreed to sell to the Defendant the real estate of this case KRW 50 million and KRW 5 million for the real estate of this case KRW 2.

At the time, the plaintiff would later pay the purchase price, thus trusting the defendant's words to transfer ownership, and completing the registration of ownership transfer without preparing a sales contract.

Nevertheless, since the defendant has not yet paid the purchase price of 55 million won, it is sought to pay the purchase price.

B. On July 25, 2006, the Defendant asserted that the loan was made between the Plaintiff and the Plaintiff on July 25, 2006, the Defendant prepared the loan certificates of KRW 80 million and KRW 9 million each due date, KRW 12% each of the interest rates on July 25, 2008 and KRW 12% each of the maximum debt amounts on the instant one real estate. The Defendant was set up a second priority collective security right with the maximum debt amount of KRW 100 million with the maximum debt amount of the instant one real estate.

After that, in order to apply for a voluntary auction of the above real estate from the Geumnam Agricultural Cooperative, the first secured mortgage holder, the plaintiff acquired the ownership of the real estate in lieu of the right to collateral security from the plaintiff, and then acquired each of the instant real estate upon the plaintiff's request to dispose of the above real estate and recover the loan claims after the plaintiff's return of the above real estate.

Therefore, the plaintiff.

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