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(영문) 전주지방법원 2018.05.16 2017가단4661
약정금
Text

1. Defendant B’s KRW 30,000,000 and the Plaintiff’s annual interest thereon from April 27, 201 to May 16, 2018.

Reasons

1. Facts of recognition;

A. Defendant D is the owner of 1 or 4 real estate listed in the separate sheet, Defendant C is the owner of 5 or 8 listed in the separate sheet, and Defendant B is the owner of 9 real estate listed in the separate sheet.

(hereinafter referred to as “each of the instant real estate” in the attached list, and individually, “the instant real estate 1 through 9” is deemed to be “each of the instant real estate”).

On June 31, 2010, the Plaintiff purchased each of the instant real estate owned by the Defendants from Defendant D and Defendant B, the owner of the instant real estate 1 through 4 and the owner of the instant real estate 5 through 8, each of the instant real estate owned by the Defendants, in the purchase price of KRW 1.8 billion, and the down payment of KRW 700 million was paid by the Plaintiff from the financial institution as security, and KRW 550 million was paid by the Plaintiff from the financial institution on October 31, 2010, and KRW 550 million was paid as KRW 50 million on June 30, 2012 (hereinafter “instant sales contract”).

C. In the process of finding out the loan, the Plaintiff heard the story that the ownership transfer registration should be made in the name of the Plaintiff with respect to each real estate of this case, and Defendant B completed the registration of ownership transfer in the name of the Plaintiff on June 11, 2010, and the Plaintiff paid 30 million won as part of the down payment to Defendant B on June 25, 2010.

On July 19, 2010, the Plaintiff: (a) KRW 72 million for the instant real estate under the name of one bank; (b) KRW 69 million for the instant real estate; (c) KRW 50 million for the instant real estate; (d) KRW 84 million for the instant five and six real estate; and (e) completed the registration of creation of a mortgage over each of the instant maximum debt amount of KRW 69 million for the instant seven and eight real estate; (b) KRW 240,572,00 for the loans from one bank; and (c) paid as part of the down payment to the Defendants on November 10, 2010 for the instant real estate.

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