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(영문) 광주지방법원 순천지원 2018.02.01 2017가합10917
매매대금
Text

1. Defendants B and D: (a) KRW 456,70,000 for each Plaintiff; and (b) Defendant B from September 22, 2017 to February 1, 2018.

Reasons

1. Basic facts (applicable for recognition: non-strifeed facts, Gap evidence 1 through 4 (including paper numbers, hereinafter the same shall apply);

(2) Each entry and the purport of the whole pleading

A. On January 15, 2015, the Plaintiff entered into a contract with the F Co., Ltd. Co., Ltd. (hereinafter “Nonindicted Co., Ltd.”) under which the Plaintiff received KRW 200 million for down payment (hereinafter “instant sales contract”), and agreed to receive KRW 457 million for the remainder of KRW 457 million on May 15, 2015, the Plaintiff agreed to receive KRW 340,000,000,000,000,000 owned by the Plaintiff (hereinafter “Gdong”), KRW 340,000,000 prior to J, 469,000 square meters prior to J, and KRW 712,00,000 prior to L, and KRW 225,000,000 (hereinafter “instant land”).

B. On January 14, 2015, the Plaintiff entered into a contract with Defendant B and D to guarantee the implementation of the instant sales contract. On January 16, 2015, the Plaintiff entered into a contract with Nonparty B and D to refund the instant land where the remainder is not paid by May 15, 2015.

C. On January 16, 2015, the Plaintiff completed the registration of ownership transfer based on the instant sales contract in the name of the Nonparty Company.

On January 20, 2015, Nonparty Company merged the remaining land, excluding H 347 square meters, among the instant land, and 361 square meters and 877 square meters prior to O’s ownership, into 4,839 square meters prior to O.

E. On September 18, 2015, the non-party company created the right to collateral security of KRW 1.44 billion with the maximum debt amount, KRW 1.88 million with the maximum debt amount, on October 13, 2015, the right to collateral security of KRW 1.80 million with the maximum debt amount, and on August 11, 2016, the Plaintiff created the right to collateral security of KRW 600 million with the maximum debt amount, respectively, on August 11, 2016.

F. However, upon the application of the creditors of the non-party company, the decision to commence compulsory auction was rendered on April 26, 2016 to Qacheon Branch of the Gwangju District Court on the co-security land, and the decision to commence voluntary auction was rendered on October 11, 2016 to Gwangju District Court 11193, and the land jointly secured in the auction procedure was thereafter made to the third party.

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