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(영문) 대전지방법원 2014.09.03 2013가합9479
매매대금등
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. The Plaintiff, as a person who operates D Co., Ltd., was husband E, and entered into a sales contract with Defendant B (hereinafter “instant sales contract”).

Defendant C is a person who arranged the instant sales contract with Defendant B’s children.

B. 1) On February 20, 2013, the Plaintiff entered into the instant sales contract with Defendant C as a broker of Defendant C, each of the real estate listed in the separate sheet with Defendant B (hereinafter “each of the instant real estate”).

A real estate sales agreement with Defendant B on the following terms: (a) concluded the instant sales agreement with Defendant B on the 28th of the same month with respect to each of the instant real estate amounting to KRW 160,000,000.

Implementation Agreements of KRW 160,000,000 for Trading Agreements

1. Applications for permission for real estate transactions shall be filed in cooperation between both parties;

In addition, the sales contract of the above real estate shall be immediately implemented on the basis of the contents of this Agreement after obtaining permission for real estate transactions.

2.In setting up a collateral security on the land of this Agreement, only the full payment of the purchase and sale agreement amounting to one hundred million won.

3.Matters not mentioned in this Agreement shall be governed by the provisions of the relevant Acts.

4. Even if not included in the contents of this Agreement, the content made orally shall be fulfilled.

2) On April 10, 2013, the Plaintiff’s registration of ownership transfer was completed in the name of the Plaintiff. (c) The Plaintiff’s payment of the purchase-price was transferred to the Defendant B as KRW 10,000,000 on April 29, 2013, ② the Plaintiff transferred to the Defendant B the amount of KRW 10,000 on April 10, 2013 (Evidence 3-3-3), but the payment of KRW 40,000 on May 1, 2013 was not disputed between the parties.

(2) On July 18, 2005, G transferred the registration of the establishment of a mortgage on its ownership (2,015 square meters in H religion site at the time of public housing of 1/2 shares) to G.

(e)mortgage;

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