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(영문) 수원지방법원 여주지원 2018.09.20 2017가단53519
투자금
Text

1. The plaintiffs' claims against the defendants are all dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. On December 17, 2015, E completed the registration of ownership transfer for the sale of the F farm site 2,000 square meters (hereinafter “instant land”) and 1,071 square meters (hereinafter “instant land 2”), 2,000 square meters for H farm site 2,00 square meters (hereinafter “instant land”) and 1,285 square meters prior to I, as regards the instant land (hereinafter “instant land 4”) on December 17, 2015, and Defendant D completed the registration of ownership transfer for the sale of the instant land 3 and the instant land 4 on June 29, 2016.

As to the land Nos. 1 and 2 of this case, the registration of creation of a mortgage under the name of the debtor E was completed on December 17, 2015, the maximum debt amount of KRW 280 million, and the registration of creation of a mortgage under the name of the debtor E. As to the land Nos. 3 and 4 of this case, the registration of creation of a mortgage under the name of the debtor D was completed on July 19, 2016, and the registration of creation of a mortgage under the name of the J Association, which is located under the name of the debtor D, was completed on August 25, 2016.

On February 10, 2017, the registration of the decision to commence voluntary auction was completed on the land of the third case by the court of Suwon District Court in Suwon District on February 10, 2017.

B. On November 9, 2015, E entered into a sales contract with M as to the price of KRW 173,800,000 with respect to the land of this case Nos. 1 and 2 owned by M, and KRW 253,00,000 with respect to the land of this case Nos. 3 and 4 owned by N, and KRW 353,000 with respect to the land of this case and KRW 40,000 with respect to KRW 12,00 with respect to the land of this case, which is owned by M and Defendant D, and KRW 3,44,444,46,46.5 square meters with respect to the land of this case, and KRW 30,000 with respect to the land of this case with respect to KRW 1 and 4,000 with respect to KRW 12,00 with respect to the land of this case, and each of the above payments was made by Defendant C and 4,000,000.

(c) between Defendant C,O and E are partnership businesses.

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