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(영문) 창원지방법원 2019.04.30 2018가단14215
대여금
Text

1. The Plaintiff (Counterclaim Defendant) is with respect to one-half shares out of 366 square meters in Jingu, Jingu, Changwon-si, Changwon-si.

Reasons

1. Basic facts

A. On January 13, 2014, the Plaintiff and the Defendant received a decision of provisional disposition by making the right to claim the transfer registration of ownership shares as a preserved right with respect to the land of Jingu-gu Seoul Special Metropolitan City D, Seoul Special Metropolitan City (hereinafter “instant land”).

B. On May 15, 2014, the procedure for the auction of real estate G in Changwon District Court was initiated upon the application of the FF Association with respect to the instant land.

C. In the above auction procedure with respect to the instant land, on October 31, 2014, the Supreme Court rendered a decision of permission for sale to C with respect to the highest price buyer.

The Plaintiff and the Defendant jointly agreed to purchase the instant land from C, and entered into a sales contract with C on November 20, 2014 with respect to the instant land as follows:

However, the buyer of the sales contract did not state the name of the plaintiff and the defendant, and entered only the name of the defendant.

(hereinafter “instant sales contract”). Sales proceeds: 250,000,000 won: 30,000,000 won (payment at the time of conclusion of a contract) intermediate payment: 70,000,000 won (payment on December 26, 2014): 150,000,000 won (payment date February 10, 2015)

E. C pays the successful bid price on November 26, 2014 with respect to the instant land, and completed the registration of ownership transfer on December 8, 2014.

F. Meanwhile, on November 28, 2014, the Plaintiff paid the Defendant KRW 30,000,000 as the down payment, and KRW 20,00,000 as the intermediate payment on January 19, 2015, respectively, as the intermediate payment.

G. The Defendant paid C the down payment of KRW 30,000,000 and the intermediate payment of KRW 70,000,000 in total with the money remitted by the Plaintiff and its own money.

H. The Defendant urged the Plaintiff to pay the remainder of the instant sales contract, but the Plaintiff did not pay the remainder to the Defendant or C.

Ultimately, on June 8, 2015, the Defendant paid the remainder of KRW 150,000,000 to C of the instant sales contract.

[Ground of recognition] without any dispute, Gap's 1, 2, and Eul's 1 to 4.

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