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(영문) 부산지방법원 2020.09.01 2019가단338195
계약금 등
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On February 28, 2017, Nonparty C completed registration of preservation of ownership as to D Building E (hereinafter “instant loan”).

B. The Defendant purchased the instant loan from C and completed the registration of ownership transfer on February 28, 2017, and completed the registration of creation of a collateral security (hereinafter “instant collateral security”) with a loan of KRW 105,00,000 from the F Association on the same day, and completed the registration of establishment of a collateral security (hereinafter “instant collateral security”) with respect to the instant loan from the F Association.

C. On August 17, 2017, the Defendant: (a) sold KRW 140,00,000 to the Plaintiff the purchase price for the instant loan; (b) upon entering into a contract with the Plaintiff, the Defendant paid KRW 15,000,000 for the remainder amount to KRW 125,00,000 for 2017 (the payment date of the remainder is indicated in the official space); and (c) upon paying the remainder, the Defendant paid KRW 20,00,000 to the Plaintiff at the time of paying the remainder; and (d) the Defendant entered into a sales contract with the content that the Defendant would cancel the instant collateral security and transfer ownership to the Plaintiff (hereinafter “instant sales contract”); and (e) around that time, the Plaintiff paid the Defendant the down payment KRW 15,00,000 to the Defendant.

On August 23, 2017, the Plaintiff and the Defendant visited the instant Lone, without authority, came to know that C, without authority, leased the instant Lone to a third party, that G occupied the instant Lone, and that G had to receive the instant Lone by filing a extradition suit against G.

E. The Defendant filed a lawsuit against the above G with the Changwon District Court Heading 2017Kadan6046 to seek the delivery of the instant loan.

On March 15, 2018, the conciliation was concluded to the effect that G transferred the instant loan to the Defendant by June 30, 2018, and the Defendant sent text messages to the Plaintiff’s husband H around that time.

F. The defendant is the case from G.

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