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(영문) 부산지방법원 2015.10.07 2015가합40190
양수금
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 Plaintiff related to the parties is a person who runs an artificial fishery business with the trade name of “G”, and H is a person who runs a real estate-related business, such as the studio construction and sales business.

Defendant B, C, and D (Defendant C is the starting machine of Defendant B, Defendant D is the son of Defendant B; Defendant D is the son of Defendant B; Defendant B et al., collectively referred to as “Defendant B et al.”), was all co-owners of the site and building indicated in the separate sheet (hereinafter referred to as “instant building”; Defendant E is the owner of the instant land as of the date of the closing of argument, and Defendant F is the mortgagee of the instant real estate.

B. On June 28, 2012, H, with the intention of selling the 3 and 4th floor of the instant building by remodelling it with studio, concluded a sales contract with Defendant B, etc. with respect to each of the instant real estate as follows. On July 5, 2012, H, with Defendant B, etc., KRW 100,000,000 as contract deposit, and KRW 20,000 as of July 16, 2012, and KRW 20,000,000 as well as KRW 20,00,00 as of August 22, 2012, and KRW 20,00 as of August 31, 2012; KRW 18,000,000 as to each of the instant real estate; and KRW 20,000,000 as to the intermediate payment and KRW 30,000; and KRW 20,000,000 as of the remainder payment.

Matters to be omitted;

1. The cost incurred in the remodelling works, taxes, public charges and civil petitions generated in the course of alteration of the purpose of use shall be borne by the purchaser;

(excluding the interior works of the first, second and second floors and underground floors)

2. The rent for the third and fourth floor after concluding a contract shall be borne by the purchaser;

3. Loans of the relevant goods are as they are.

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