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(영문) 서울북부지방법원 2018.12.13 2017나36084
근저당권말소
Text

1. The plaintiff's appeal against the defendants is dismissed in entirety.

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

purport, purport, and.

Reasons

1. Basic facts

A. Upon the Plaintiff’s recommendation, the Defendants’ purchase of real estate 1) The Plaintiff is a planning real estate company run by L, I (hereinafter “I”).

(2) Defendant B was recommended to purchase the said land, etc. from the Plaintiff, which was known through E, to “I purchase the land as a housing site by purchasing 22,97 square meters, JJ large 4,317 square meters, etc. from the Plaintiff, who was aware of the fact through E, to explain the development potential and sale conditions of the land to unspecified persons, and to recommend the purchase of the land.” Meanwhile, Defendant B was recommended to purchase the said land, etc. by the Plaintiff, who was aware of the fact through E, to “I purchase the land as a housing site, such as 22,97 square meters, and J large 4,317 square meters, etc., which would soon be increased in the number of female-guns, and thus, there would be a rise in the price of the said land.”

3) Accordingly, Defendant B’s 200 square meters among the 22,997 square meters of the above H-H forests and fields from March 24, 2005 (hereinafter “Miland”).

(4) Upon determining the purchase price as KRW 140 million and purchasing the remainder within seven days from the contract date, Defendant F received a proposal from the Plaintiff who became aware of N through N to grant a discount on the purchase price, and paid KRW 137 million to I, not later than March 31, 2015. Defendant F received a recommendation from the Plaintiff that became aware of through N, and on April 18, 2005, 300 square meters out of the above JJ 4317 square meters (hereinafter referred to as “Mri site”).

(5) After having purchased the purchase price in KRW 90,000, the sales price was fully paid to I. 5) However, since the financial status of I becomes worse at the time, Mriuri Forest and Site cannot be paid, Mriuri Forest and Site ownership is transferred to the Defendants, or the sales price paid to the Defendants cannot be refunded.

B. As such, as the 1st registration of the establishment of the senior forest in the name of Defendant B was involved in the sale of Mari Forest land in the name of Defendant B, the above problem is found in Defendant B’s office.

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