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(영문) 대구지방법원김천지원 2019.05.03 2018가합16211
전부금
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 April 21, 2013, the Defendants entered into a contract with Nonparty F to purchase KRW 75,00,000 (hereinafter “each of the instant real estates”) and purchase KRW 785,00,000 (hereinafter “each of the instant real estates”) of F shares out of KRW 17/30, 17/30, 17/30, 17/30, 922 square meters in the Gu-U.S. G forest land 13476 square meters in H large-scale 92 square meters in the H ground-based light-based aggregate 92 square meters in the housing site, 98 square meters in the warehouse, and 1/2 of the F shares out of 49 square meters in each of the instant real estates (hereinafter “each of the instant real estates”) with the intention to purchase the said real estate at KRW 785,00,000, 185,000, 520,000 and the remainder payment for the said real estate seller’s and the remainder payment for the remainder.

The phrase “2. The intermediate payment is the termination amount of personal collateral security.”

B. At the time when the Defendants entered into the instant sales contract, each of the instant real estate was registered as the establishment of a neighboring mortgage (the maximum bond amount of KRW 520,000,000, the debtor F), the establishment of a neighboring mortgage (the maximum bond amount of KRW 150,000,000, the debtor F), the establishment of a neighboring mortgage (the maximum bond amount of KRW 150,000,000, the debtor F), the establishment of a neighboring mortgage in the name of K (the debtor F), the establishment of a neighboring mortgage in the name of L (the maximum bond amount of KRW 25,00,000, the debtor F).

C. The Defendants paid F the down payment of KRW 80,000,000 on the day of the instant sales contract, and between June 5, 2013 and July 17, 2013.

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