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(영문) 대전지방법원홍성지원 2017.11.02 2017가합190
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Text

1. The Plaintiff’s lawsuit against Defendant C rejected the Plaintiff’s claim for monetary payment due to the establishment of a right to collateral security.

2...

Reasons

1. Basic facts

A. Defendant B owned D 3,921 square meters, E, 3,963 square meters, F 3,993 square meters, G 3,92 square meters, H 3,924 square meters, I 4,225 square meters, J 3,068 square meters, and K 1,883 square meters (hereinafter “the instant real estate transaction”).

around January 2006, Defendant B delegated the sale of real estate in this case to Ma among individuals via L who reside in the vicinity of the instant real estate transaction.

B. The Plaintiff and Defendant C, who became aware of the above sale from L, decided to jointly invest funds at that time to purchase the instant sales real estate.

C. M and the plaintiff on January 25, 2006 are "a sales contract as of January 25, 2006" following the real estate sales contract with the following contents.

A) The purchase price: 964 billion won: 200 million won shall be paid and received at the time of the contract (delivery in a bill). The name of the receiver shall be paid on February 20, 2006 ( simultaneously with the permission of transaction). Of the remainder, 250 million won shall be paid at the maturity of June 16, 2006. Special terms and conditions of the contract deposit shall be kept by the seller until February 15, 2006, and the buyer shall exchange with cash on the same day. The buyer shall file an application for land transaction permission by January 31, 2006, and the seller shall return the down payment received by the buyer at the time of refusal, and the buyer may subsequently amend the land transaction permission. The buyer shall prepare and deliver a written confirmation to the seller by 00 billion won each other without the cancellation of the transaction. The buyer shall be 10 million won each other and the buyer shall be 10 million won each other’s delivery of the transaction.

A seller: B / Agent: A buyer and 1 other than C: A purchase price: 701,291,800 won: The remainder of KRW 701,291,800 shall be paid on February 17, 2006.

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