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(영문) 춘천지방법원 2015.02.16 2013가단16872
매매대금 잔금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. The following facts may be found either in dispute between the parties or in full view of the purport of the entire pleadings as set forth in Evidence A Nos. 1, 2, 3, 1 and 2-1, 2, 3, and 3-1 and 2, respectively.

On August 10, 2011, the Plaintiff entered into a sales contract (hereinafter “instant sales contract”) with the Defendant, who was the Defendant’s fraudulent act acting for the Defendant, to sell the real estate of Hongcheon-gun D, Hongcheon-gun, Gangwon-do (hereinafter “instant real estate”) to the Defendant prior to the division.

B. The sales contract (Evidence A No. 3) prepared at the time of the instant sales contract is written as follows: the sales price is KRW 150 million; the down payment is KRW 10 million; the remainder KRW 140 million is paid at the time of the contract; and the remainder is paid on August 16, 201.

C. (1) Prior to the conclusion of the instant sales contract, each of the instant real estate and the instant real estate and the instant real estate E, Hongcheon-gun, Hongcheon-gun, Gangwon-do, was registered as joint collateral on March 24, 2006, with the maximum debt amount of KRW 75 million, an agricultural cooperative within the mortgagee of the right to collateral security (hereinafter “rural Agricultural Cooperative”), the maximum debt amount of KRW 50 million on April 24, 2010, and each of the registration of the establishment of a neighboring land, the agricultural cooperative within the mortgagee of the right to collateral security, was completed.

(2) On August 16, 201, a total of KRW 84,995,000, including KRW 1,023,466 under the interest name and KRW 83,971,534 under the interest name, was deposited into the National Agricultural Cooperative in Korea, respectively.

(3) The registration of establishment of each of the instant real estates was cancelled on August 18, 201.

(4) The registration of the establishment of neighboring land, which was completed on the instant land offered as security along with the instant real estate, was cancelled on November 1, 2012.

On August 18, 2011, the Plaintiff completed the registration of ownership transfer for the instant real estate in the Defendant’s future, and the transaction value was transferred to the register amounting to KRW 150 million.

E. After the registration of ownership transfer was completed in the Defendant, the instant real estate was divided into 1,704 square meters and 2,045 square meters before Hongcheon-gun, Hongcheon-gun, Gangwon-do, and the F, and the details of the said division on October 5, 201 are in the register.

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