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(영문) 울산지방법원 2018.06.07 2016가합21892
손해배상(기)
Text

1. The plaintiffs' primary claims against the defendants and the plaintiff A, B, C, and D's conjunctive claims against the defendants.

Reasons

1. Basic facts

A. The plaintiffs (the relatives or descendants of the defendant F) and the defendant G and H (the wife of the defendant F) decided to purchase together the 4,066m2 and the 2,545m2 (hereinafter "the land in this case") of Ulsan-gu, Ulsan-gu, U.S., U.S., which are owned by the IG Association, and on May 20, 2008, the plaintiff A purchased the 600/2,000 and KRW 312 billion out of the land in this case, and the 200/2,000 and KRW 1.4 million in the name of the plaintiff B, the plaintiff C and D concluded each 305/2,000 and KRW 300,000,000 in the 1,5860,000 won in the 1,000 won in the 1,5860,000,000 won in the 200,000 won in the 2.

B. However, the Plaintiffs, Defendant G, and H received a loan from the instant land as collateral and agreed to pay the purchase price to H with the loan used as purchase price, and the interest thereon thereafter. Accordingly, H obtained a loan of KRW 400 million from M cooperatives (hereinafter “M cooperatives”) on May 20, 2008 and completed each registration of ownership transfer on the instant land on the same day (hereinafter “the instant loan”). At the same time, H completed the registration of establishment of a mortgage of KRW 520 million with the maximum debt amount, which shall be the right to collateral security, as the right to collateral security, on the same day.

Of the loans of this case KRW 400 million, Plaintiff D used KRW 50 million for each purchase price, KRW 30 million for Plaintiff E, KRW 100 million for Defendant G, and KRW 150 million for H. as its purchase price.

C. On August 16, 2011, Plaintiff B completed the registration of ownership transfer for shares of 200/2,000 of the instant land from L, based on sale.

On June 27, 2014, Defendant G remitted from the instant loan to H KRW 50 million out of the KRW 100 million used as the purchase price.

In addition, Defendant G is out of the land of this case from H on the same day.

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