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(영문) 수원지방법원평택지원 2019.07.25 2018가합9854
손해배상(기)
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 conclusion of a sales contract between the network D and E, etc. 1) The network D (Death on July 17, 2017, hereinafter “the network”).

A) The F.O. M. F. F. 1,002 square meters owned by the principal (hereinafter “instant land”).

(2) On January 3, 2014, the deceased concluded a sales contract with E to sell the land of this case for KRW 1.3 billion on June 3, 2014, upon receiving a loan from the G association as collateral, and on January 18, 2013, the registration of the establishment of a neighboring mortgage was completed. (3) On June 3, 2014, the deceased concluded a sales contract to sell the land of this case for KRW 1.3 billion, the contract deposit amount of KRW 750 million was revoked by taking out a loan of this case as collateral by E, and the remaining sales price was determined to be paid within one month from the date of approval for use.

In the future, the Deceased and E reflected the maximum amount of loans secured by the instant land and reduced the down payment amount to KRW 650 million.

3) On June 25, 2014, the Deceased completed the registration of creation of a mortgage over the instant land at the request of HA and IA, respectively, with the maximum debt amount of KRW 310 million, KRW 587 million, and KRW 587 million, and KRW 689 million, which was the total amount of loans secured by the registration of creation of a mortgage over each of the above neighboring areas (hereinafter “instant loans”), E paid to the Plaintiff KRW 650,000,000,000 among the loans secured by the registration of creation of a mortgage over the instant land. On January 25, 2015, E obtained a construction permit to newly construct an officetel on the instant land from the Asan market around January 2015.

B. The Plaintiff (former trade name: K Co., Ltd., L, and M Co., Ltd.) was changed in order of the Plaintiff (former trade name before the change).

(A) On June 3, 2015, the sales contract for the deceased and the instant land (hereinafter “instant sales contract”) as follows.

The real estate sales contract and the transfer of enforcement rights (A evidence No. 2) have been concluded.

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