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Reasons
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(영문) 서울고등법원 2016.11.17 2016나2012289
매매대금
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1. All of the plaintiffs' claims that have been changed in exchange in the trial are dismissed.

2. The plaintiffs' total costs of litigation.

Reasons

1. Basic facts

A. On October 2, 2007, the registration of ownership transfer was completed for the real estate No. 1 in the Plaintiff’s name on October 2, 2007. 2) The registration of ownership transfer was completed for the real estate No. 2 in the Plaintiff’s name on July 5, 2007. 2) November 22, 2006, for the real estate No. 2 in the Plaintiff’s name on November 22, 2006.

B. 1) As to the instant real estate No. 1, a sales contract was prepared on June 25, 2013, stating that the seller shall pay the Plaintiff A, the buyer, the Defendant C, and the sales price at KRW 590 million, and the down payment shall be KRW 60 million at the time of the contract, and the remainder of KRW 530 million shall be paid on June 25, 2013. (hereinafter “instant first sales contract”).

(2) As to the instant real estate No. 2, a sales contract was prepared on June 25, 2013, stating that the seller would pay the remainder of KRW 530 million at the time of the contract and pay the remainder of KRW 530 million to the Plaintiff B and the buyer at KRW 590 million.

(hereinafter referred to as “the second sales contract of this case” and the first and second sales contracts of this case are collectively referred to as “each of the sales contracts of this case”).

The registration of ownership transfer was completed on June 25, 2013 under the name of Defendant C with respect to the instant real estate No. 1 in the name of Defendant C on July 4, 2013 (transaction value: KRW 590 million). 2) As to the instant real estate No. 2 in the name of Defendant D on July 8, 2013, the registration of ownership transfer was completed on the grounds of the sale (transaction value: KRW 590 million) as of the instant real estate No. 2 in the name of Defendant D on June 25, 2013.

1) On October 2, 2007, with respect to the instant real estate No. 1, 2007, the establishment registration was completed on October 2, 2007 with respect to the instant real estate No. 1, which is KRW 240,000,000,000 for the debtor A, the mortgagee A, Han Bank Co., Ltd. (hereinafter “I Bank”), the maximum debt amount, and the registration was completed on April 17, 2014.

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