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Reasons
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(영문) 수원지방법원 2017.07.05 2017가단11304
청구이의
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1. The plaintiff's claim is dismissed.

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

Reasons

1. Evidence 【Evidence】2, A3, A4, A8, and B 6-1, 2, and the purport of the whole pleadings;

A. The Plaintiff and the Defendant prepared a sales contract and an authentic deed between the Plaintiff and the Defendant 1) around 2013, the Plaintiff is 61m2 in the name of his employee C, in the name of his employee C (hereinafter “instant land”).

(2) The Plaintiff requested the Defendant to pay 150 million won as down payment in order to pay the successful bid price of the instant land.

3) On February 22, 2013, the Plaintiff entered into a sales contract with the Defendant and the instant land as KRW 180 million (a contract deposit of KRW 150 million shall be paid on the date of the contract, the balance of KRW 30 million shall be paid on March 10, 2013) and to sell the instant land to the Defendant. 4) The Defendant paid the Plaintiff a down payment of KRW 150 million to the Plaintiff, while acquiring the ownership of the instant land by the Plaintiff’s successful bid payment, and by March 10, 2013, acquired the ownership of the instant land by the Plaintiff and by March 10, 2013, in order to secure the performance of the obligation to transfer ownership registration of the instant land, the Defendant lent KRW 150 million to the obligor C, and the maturity date for payment shall be determined as KRW 150 million,000,000,000,000 to March 10, 2013; if the Plaintiff, a debtor and joint surety, did not immediately perform a compulsory execution.

(No. 71, 2013). (b) No. 2013.

On March 4, 2013, C acquired ownership of the instant land under the name of the Defendant. (2) On March 4, 2013, C entered into a mortgage agreement with a house and agricultural cooperative and the instant land as the maximum debt amount of KRW 960 million, the debtor, C, a mortgagee, an agricultural cooperative, etc., and completed the registration of creation of a neighboring mortgage in the name of a house and agricultural cooperative on March 4, 2013.

3. On March 4, 2013, sale and purchase of the instant land.

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