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(영문) 광주지방법원해남지원 2015.07.01 2014가합325
매매대금
Text

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

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

Reasons

1. Basic facts

A. F newly constructed the five-story Ba, each of which is composed of six sections of exclusive ownership, such as each of the buildings listed in the separate sheet (hereinafter “each of the instant buildings”), on the ground of 280 square meters in Seoul Special Metropolitan City, Do, Chungcheongnam-do (hereinafter “instant buildings”), and used the Plaintiff’s name in the relevant administrative procedures, such as an application for building permission, with the Plaintiff’s permission.

(C) fact that there is no dispute;

Upon completion of the loan of this case, F completed registration of preservation of ownership in the name of the Plaintiff on March 27, 2014, and completed registration of the establishment of a mortgage on the loan of this case to the Forest Credit Union (hereinafter referred to as the “Forest Credit Union”) as joint collateral, F completed the registration of the establishment of a mortgage on the basis of the debtor, the maximum debt amount of 526,50,000.

(No. 1-4, No. 2-1, 2-2). As such, entering into a contract to establish a mortgage with a forest union, or proceeding to obtain a loan and using the loan was entrusted by F.

(F) Partial testimony of a witness F.

On April 11, 2014, the registration of the establishment of a neighboring mortgage on the whole loan of this case was cancelled on April 11, 2014, and the registration of the establishment of a neighboring mortgage was completed for each building subject to sectional ownership.

(A) No. 1 to 4, No. 2-1, 2)

On May 19, 2014, with respect to the buildings listed in Paragraph (1) of the Attached List No. 1 (hereinafter “201”), Defendant B and the building listed in Paragraph (2) of the Attached List No. 2 (hereinafter “No. 202”) as to the building listed in the Attached List No. 3 (hereinafter “No. 302”), Defendant D’s ownership transfer registration for the buildings listed in Paragraph (4) of the Attached List No. 4 (hereinafter “No. 402”) was completed for each transaction in the future of Defendant D, and the Defendants acquired the secured debt of the right to collateral security established for each partitioned building.

(Evidence) Evidence No. 1-4. [Evidence No. 1-4] / [Evidence No. 1-4, 2-1-2, 2-2 of the evidence No. 1-2, 6 of the witness F's testimony, and the purport of the whole pleadings

2. The parties' assertion

A. The plaintiff's assertion.

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