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(영문) 창원지방법원통영지원 2016.11.24 2015가단22617
손해배상(기)
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On September 28, 2009, the Plaintiff completed each registration of the transfer of ownership under the receipt No. 41237 on September 28, 2009, with respect to the shares of 7/10 of the shares in 7/10 of the land in C and D and the shares of 82/118 of E.

(B) Of the above three parcels of land, the Plaintiff’s share in the said three parcels of land (hereinafter “instant land”).

F, around October 10, 2014, with G, H, and I, entered into a land purchase services agreement with Ajin Development Co., Ltd. (hereinafter “Ajin Development”) with respect to the land purchase services for the land outside JJ and 83 parcels (hereinafter “the instant first services agreement”).

C. Meanwhile, on the other hand, on December 18, 2014, F was detained by imprisonment for five months with prison labor in a trial on a fraudulent case No. 2014Kadan2266 by the Changwon District Court, and the said judgment was appealed by the Changwon District Court 2015No59.

When F is bound as above, the Plaintiff borrowed KRW 70,00 from K on February 3, 2015 to pay the agreed amount to F (hereinafter “the instant loan”). On February 3, 2015, K completed the registration of creation of a collateral security (hereinafter “instant collateral security”) with respect to the instant land as the L/C registry office No. 7900, February 3, 2015, with respect to the maximum debt amount of KRW 84,400,00,000,000,000,000,000,000,000,000).

E. On March 14, 2015, the Plaintiff and F (F, however, its name is its wife L), entered into a purchase service contract (hereinafter “the second service contract of this case”) with respect to the land (including all buildings, unregistered structures, unregistered buildings, trees, landscaping facilities, agricultural products, graves, and other land objects on the ground) located in the JJJ at the Ssiwon (hereinafter “instant project zone”) between the Defendant (hereinafter “Defendant, et al.”) for the purpose of the housing construction project, etc. (hereinafter “instant second service contract”).

F. The defendant is the second day of this case.

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