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(영문) 창원지방법원통영지원 2016.12.22 2016가단980
매매대금
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The Plaintiff completed the registration of transfer of ownership on February 13, 2009, No. 13267, regarding the 503rd floor of the 5th floor of the 5th floor of the 5th floor of the building D (hereinafter “instant real estate”).

B. The Plaintiff, on February 13, 2009, completed the registration of creation of a collateral security with respect to the instant real estate at the Industrial Bank of Korea, No. 13269, the maximum debt amount of which was KRW 66 million, the debtor, the debtor, and the Industrial Bank of Korea of Korea.

C. The above B.

The right to collateral security, set forth in the claim, was changed to the maximum debt amount of 2,40 million won on May 4, 2010, received on May 4, 2010.

(hereinafter referred to as the "mortgage of this case"). (D) Unless it is particularly necessary to distinguish as long as the identity is recognized, regardless of whether it is before or after the change in the maximum amount of claims.

On January 6, 2015, the Plaintiff requested F to sell the instant real estate to the broker F having the office of Seocheon-gu, Seocheon-gu E and 103, and the Defendant requested H to purchase the instant real estate to the broker H having the office of Seocheon-gu G and 206 Dong 105.

E. On March 2, 2015, the broker F, delegated by the Plaintiff, drafted a sales contract on the instant real estate between the Defendant and the Defendant.

(f) above E.

The entry into a contract of sale and purchase in the port is a contract in the current facility and the state of right (the maximum bond amount of 24 million won, the loan balance of 20 million won), and the seller cooperates in changing the reported amount according to the buyer's loan condition. The down payment is a remittance amount of KRW 5 million to the account (number omitted, the nominal owner A) and KRW 5 million to the current tenant, and the details of remittance are substituted by a receipt.

G. On March 2, 2015, the Defendant remitted KRW 5 million to F for the purpose of delivering to the Plaintiff KRW 5 million and the lessee of the instant real estate (hereinafter “instant lessee”).

(h)F. on March 2, 2015.

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