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(영문) 서울서부지방법원 2015.05.29 2014가단34501
청구이의
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Facts of recognition;

A. On February 3, 2006, the circumstances leading up to the occurrence of the claim for reimbursement by the Defendant (B), the Plaintiff (A), and the Defendant (B), and six (6) co-owners, including Nonparty C, D, E, F, etc. (hereinafter “instant co-owners”) entered into a sales contract with G to jointly purchase the amount of KRW 101, 102, 103, 104, 105, 106, 107, 201, 301, 302, 303, 401, and 401, and paid the intermediate payment by taking over the obligation to return the lease deposit, etc. from G.

On the other hand, the balance of 590 million won was agreed to be paid in March 3, 2006.

(2) As the joint buyers of this case failed to pay the balance on the agreed date, on March 6, 2006, they paid to G the balance of 590 million won by applying the annual interest rate of 18% until May 31, 2006, and on April 12, 2006, approximately 300 million of the value-added tax on commercial buildings shall be paid until April 12, 2006, but at the time of default, 10% of the additional tax and additional expenses shall be jointly and severally and severally liable by all buyers (No. (No. 1). In addition, the joint buyers of this case issued one promissory note (No. 2 No. 1) as the date of May 30, 206, and the date of issuance of a promissory note No. 1 (No. 2) as of March 2, 2006.

(3) On March 8, 2006, the joint buyers of the instant case received the registration of ownership transfer from G for each unit of office on the above purchase price.

[F] [101, 401, 102, 107 for E, 103, 201, 301 for C, 104, 303 for the plaintiff (A), 105, 302 for the plaintiff (B), and 106 for the defendant (B)]. (4) G provisionally seizes the real estate (Seoul Yongsan-gu I Apartment apartment 102, 1203) owned by the defendant (B) on the basis of the above letter, etc. and seeks payment of the respective letter, 59,000,000 won for the joint buyers of this case on July 2, 2007, and damages for delay.

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