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(영문) 의정부지방법원 2017.07.11 2016가단116534
어음금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. So-called “D building” Nos. 1, 01, and 102 of the Yongsan-gu Busan Central Credit Cooperative (hereinafter “F, G, and H”) is owned by D, and the land E (hereinafter “F, G, and H”) is owned by F, G, H, and F, G, and H is set up a collateral security and superficies at KRW 195,00,00 for the land F, G, and H.

B. On July 1, 2013, between the Plaintiff and the Plaintiff on behalf of F, G, and H on behalf of the Defendant, the wife, paid KRW 160 million in exchange for D and F, G, and H, and KRW 160,000,000, out of the down payment of KRW 50,000,000,000 to F, G, and H, as the wife’s name, KRW 14,40,000 in total,00 won in the remainder of the contract, and KRW 11,40,000,000 in the remainder of the contract, and KRW 34,00,000 in the remainder of the contract, until July 25, 2013; ③ separately, D paid KRW 150,000,000 to F, G, and H’s land as collateral to secure this within one year from the contract date; ⑤ The period of exchange and succession to HD’s right to the real property as follows:

(hereinafter “instant contract”). F, G, H, and D, after entering into a contract, keep documents on ownership in a certified judicial scrivener after entering into a contract.

2.F, G, and H shall cooperate with D in dividing land into three parts.

3.F, G, and H grant D the establishment of a collateral security amounting to 600 million won. A.

D shall succeed to the loans of F, G and H KRW 150,000,000,000. 2.

F, G, and H shall also be divided by three installments at the time of three subdivisions of land. C.

D shall set up KRW 150 million by parcel at the time of dividing land to F, G, and H, and shall be repaid within one year, at the time of dividing land.

6. Any balance, if the land of F, G, or H is divided even before the contract date, shall be treated.

C. Under the instant contract, I shall pay the Plaintiff the down payment of KRW 16 million in cash, and the remainder down payment 3.

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