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(영문) 수원지방법원 2016.01.12 2014가단43089
소유권말소등기 등
Text

1.(a)

Defendant D (1) With respect to the Plaintiff B’s attached list 2, 2) Plaintiff C’s real estate.

Reasons

Basic Facts

The plaintiff A, who entered into a sales contract with the plaintiffs and defendant D, owned the real estate of this case, and the plaintiff B and C shared the real estate of this case.

On December 27, 2013, the Plaintiffs sold real estate Nos. 1 and 2 in KRW 343,750,000 to Defendant D as a broker by Defendant F, but the down payment of KRW 80,000 is KRW 30,000 in the first intermediate payment, and KRW 30,000 in the second intermediate payment of KRW 10,00 in the event of a contract; and

2.3.The third intermediate payment of KRW 70 million for the same year;

3. The remainder of 63,750,000 won for the same year.

3. The sales contract was concluded for the purpose of getting paid on 20.20 (hereinafter “instant sales contract”).

On December 27, 2013, Plaintiff A, at Defendant D’s request, concluded a mortgage agreement with the debtor G, Defendant Nonghyup Co., Ltd., and the maximum debt amount of KRW 200 million with respect to the instant real estate. On the same day, the registration of establishment of a neighboring land was completed by Suwon District Court No. 68102, which received KRW 68102.

On December 30, 2013, Defendant Nonghyup entered into a loan transaction agreement of KRW 80,000,000 with G.

Plaintiff

B and C completed the registration of ownership transfer to Defendant D as the receipt of the same court No. 1388 with respect to the real estate Nos. 2 and 3 of this case on January 9, 2014.

On January 13, 2014, Defendant D entered into a mortgage agreement with Defendant G, Defendant Nonghyup Co., Ltd., and the maximum debt amount of KRW 64 million with respect to the instant real estate Nos. 2 and 3, and on the same day, Defendant D completed the registration of creation of a mortgage with the same court No. 1843, Jan. 13, 2014.

Defendant D paid KRW 80 million on the day of the instant sales contract, KRW 10 million on January 3, 2013, KRW 22.10 million on the same month, and KRW 110 million on the 29th day of the same month.

Defendant D was in arrears in paying the remaining remaining purchase and sale balance, and on March 4, 2014, Defendant D’s second intermediate payment of KRW 100 million to the Plaintiffs until March 31, 2014.

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