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(영문) 대전지방법원 2014.03.28 2013가단45874
손해배상(기)
Text

1. All of the plaintiffs' claims are dismissed.

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

Reasons

1. Facts of recognition;

A. On June 16, 2004, the Plaintiffs concluded a sales contract (hereinafter “instant sales contract”) with Linononoby Korea Co., Ltd. (hereinafter “Liby Korea”) with the terms and conditions as follows:

① The seller: (2) The seller: (3) the subject matter of sale: (4) the purchase price: 2.6 billion won in Seo-gu Daejeon, Seo-gu, Daejeon (hereinafter “instant land”): 300 million won in payment: The intermediate payment of KRW 1.1 billion in payment shall be paid at the time of the contract, and the intermediate payment of KRW 1.1 billion in payment shall be paid as of July 30, 2004; and the balance of KRW 1.2 billion shall be paid as of January 30, 2005.

B. The Plaintiffs completed the registration of transfer of ownership on July 15, 2004 on the instant real estate on the ground of the instant sales contract, as the Plaintiffs demanded in advance the registration of transfer of ownership with respect to the instant land that they would take over the obligation to which they borrowed the instant land as collateral prior to the date of the payment of intermediate payment.

C. On July 20, 2004, the non-party company acquired the ownership of the land of this case and entered into a real estate security trust agreement (hereinafter “instant trust agreement”) with the defendant with the following contents. On the same day, the non-party company completed the registration of ownership transfer under the name of the defendant for the reason of trust with respect to the land of this case.

(1) On July 21, 2004, the Defendant made a correction registration changing the grounds for registration into a trust from sale to sale.

1. The trust contract; and

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