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Reasons
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(영문) 춘천지방법원원주지원 2013.10.22 2012가단15519
매매대금
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1. The plaintiff's claim is dismissed.

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

Reasons

Basic Facts

On August 30, 2005, the Plaintiff sold No. 107 among the above-mentioned and two parcels of land to the Plaintiff at KRW 1,100,000,000.

(C) Around August 30, 2005, the Plaintiff established a right to collateral security of KRW 1.177 million against the maximum debt amount and borrowed KRW 900 million from the partnership, as the Plaintiff’s husband was entitled to act on behalf of the Plaintiff, and the actual legal effect is deemed to have been attributed to the Plaintiff. Accordingly, F’s act is deemed to have been all the Plaintiff’s act. Around August 30, 2005, the Plaintiff established a right to collateral security of KRW 1.17 million against the maximum debt amount.

After the plaintiff's real estate sale, the plaintiff operated the head office in 107 above, and as the operation was not performed well, the plaintiff again requested D to sell the above commercial building.

D On July 18, 2008, in order to sell the above Nos. 107 more easily, it was divided into Nos. 107, 108, and 109 (hereinafter referred to as “each of the instant shopping districts,” and No. 109 among them thereafter, sold No. 107 to G, No. 108, and No. 109 to H, and No. 109 to the Defendant and the Intervenor, respectively, around September 2, 2008.

G paid the purchase price of each of the instant shopping districts on September 2, 2008: (a) set the right to collateral security of KRW 5,60,000,000 for the maximum debt amount of KRW 3,80,000 from the said Nonghyup; and (b) paid KRW 3,80,000 to D with regard to subparagraph 108 of the said commercial building on the same day, H set the right to collateral security in the future of the said Nonghyup; (c) paid KRW 285,00,000 to D with regard to subparagraph 109 of the said commercial building; and (d) the Defendant paid KRW 42,00,000 to D with a loan of KRW 30,000,000,000 for the said KRW

D) The Plaintiff’s total sum of KRW 965 million (= KRW 285 million) paid as above is KRW 900 million (= KRW 300 million).

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