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(영문) 창원지방법원 2018.07.05 2017나55562
매매대금
Text

1. All appeals filed by the plaintiffs are dismissed.

2. The costs of appeal are assessed against the Plaintiffs.

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Basic facts

A. Plaintiff A owned each of the buildings listed in paragraph (1) of the attached Table No. 1, and Plaintiff B, the spouse of Plaintiff A, respectively, owned the buildings listed in paragraph (2) of the attached Table No. 2 (hereinafter “each of the buildings listed in the attached Table No. 1 and paragraph (2)”), and at the time, each of the buildings listed in the attached Table No. 1 and paragraph (2) was completed with the maximum debt amount of KRW 120,000,000,000,000 won, the obligor E (Ms of the Plaintiff), and the registration of creation of a neighboring mortgage (hereinafter “registration No. 1”).

B. The Plaintiffs and the Defendant prepared each sales contract (hereinafter “instant sales contract”) stating the date of the conclusion of the sales contract by each of the instant commercial buildings and the purchase price of KRW 120 million as the purchase price of KRW 15,000,000 for each of the instant commercial buildings.

C. On February 22, 2016, the Plaintiffs completed the registration of ownership transfer on the grounds of sale on February 15, 2016 with respect to each of the instant commercial buildings (hereinafter “instant registration”). On the same day, the Defendant cancelled the registration of ownership creation of the instant commercial buildings on February 15, 2016, and at the same time completed the registration of establishment of the neighboring commercial buildings with respect to each of the instant commercial buildings as KRW 2.1 billion with respect to the maximum debt amount, the debtor, the Defendant, and the Defendant, the former Agricultural Cooperative for the Establishment of a Collateral (hereinafter “the instant registration of establishment”).

The Defendant paid each of the Plaintiffs KRW 4 million on February 15, 2016, and KRW 36 million on February 26, 2016.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 through 5 (including branch numbers, if any; hereinafter the same shall apply) and the purport of the whole pleadings

2. The parties' assertion

A. The plaintiffs alleged that they sold each of the instant shopping districts to the defendant by actively recommending the defendant, who is the relative of the plaintiff A, and the defendant presented to the plaintiffs a total of KRW 240 million with the purchase price of each of the above shopping districts, and "E, who is the plaintiff, has a debt of KRW 40 million against the defendant."

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