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(영문) 서울중앙지방법원 2015.04.23 2014가합544000
기타(금전)
Text

1. The plaintiff's claims against the defendants are all dismissed.

2. Litigation costs shall be borne by the plaintiff.

Reasons

1. Basic facts

A. On January 28, 2014, the Plaintiff sold at KRW 2,380,00,000 of the purchase price to Defendant B, C, and the Plaintiff, Gangnam-gu Seoul Metropolitan Government E apartment No. 1603 (hereinafter “instant real estate”) for KRW 16,00,00.

(2) Meanwhile, KRW 50,00,000, which is a part of the down payment of KRW 238,000,000, was each paid until February 4, 2014 (the remainder of KRW 1,280,000 until March 29, 2014) on the date of the contract (the custody of Defendant D, a real estate broker who has arranged a sales contract), the remainder of KRW 188,00,000,000, which is the date of the contract (the remainder of KRW 1,280,000,000,000, which is a joint account in the name of the Plaintiff, Defendant B, and C).

B. At the time of the instant sales contract, on June 29, 2004, the instant real estate was registered as the Plaintiff, the maximum debt amount of 1,214,400,000 won, the establishment registration of a neighboring bank consisting of the Plaintiff, the mortgagee, the Plaintiff, the maximum debt amount of 360,000,000 won, and the establishment registration of a neighboring bank of the non-party to the right to collateral security, on July 14, 2005, the establishment registration of a neighboring bank consisting of the Plaintiff, the Plaintiff, the Plaintiff, the maximum debt amount of 360,000,000 won, the maximum debt amount of 65,00,000 won, the establishment registration of a neighboring community credit cooperative of the right to collateral security, the establishment registration of a lease on May 20, 201, and the duration of a lease on a deposit basis until May 19, 2013.

C. By March 29, 2014, the time of the payment of intermediate payment, the Plaintiff agreed to cancel the registration of the establishment of chonsegwon established on the instant real estate, and to cancel all the registration of the establishment of a neighboring mortgage established on the instant real estate by May 25, 2014, when the remainder is paid.

According to the instant sales contract, Defendant B and C paid KRW 50,000 to Defendant D on January 28, 2014, which was the date of the conclusion of the sales contract, but did not pay the remainder down payment of KRW 188,000,000 until February 4, 2014, and did not pay the remainder down payment, intermediate payment, and remainder.

E. Defendant D, on August 1, 2014, has a dispute over the validity of the above sales contract between the Plaintiff, Defendant B, and C.

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