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(영문) 대구지방법원김천지원 2019.10.31 2018가단36737
보존등기말소 등 청구의 소
Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. Basic facts

A. On September 18, 2017, the Plaintiff entered into a sales contract with Defendant B, C, and D, the owner of the instant loan (hereinafter “instant loan”) to purchase the instant loan in the amount of KRW 315,646,00, and thereafter, the object of the sales contract was changed to the real estate listed in the attached Table (hereinafter “instant loan”).

B. From September 17, 2017 to October 25, 2017, the Plaintiff wired KRW 182,000,000 to the account in the name of V during the period from September 17, 2017, and issued to V a check of KRW 88,00,000 at face value on October 27, 2017.

C. Defendant E received a provisional attachment order from Defendant B, C, and D with respect to the instant loan U by the Daegu District Court Kimcheon Branch of 2018Kadan366, and on October 2, 2018, the instant provisional attachment registration was completed in the name of Defendant B, C, and D with respect to the instant loan U by entrustment of the provisional attachment registration.

Since then, Defendant E, J, K, L, M, N, O Association, P, and Q completed the registration of establishment of a neighboring establishment of the loan of this case.

E. Defendant G, H, and I are the persons entitled to provisional seizure as to each of the instant lending U.S.

F. Defendant F is the person having the provisional registration of the right to claim the transfer of all co-owners' shares in the instant loan U.S.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 3, and 4, the purport of the whole pleadings

2. The Plaintiff’s assertion that Defendant B, C, and D, the seller of the instant loan, paid the Plaintiff the sales price at KRW 270,000,000, as the Plaintiff did not meet the construction cost. The Plaintiff paid the sales price at KRW 270,000 from September 17, 2017 to October 27, 2017.

Since then on March 2018, the section for exclusive use inside the loan of this case was established with independence in structural use, and the building has been constructed.

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