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(영문) 대구지방법원 2017.09.26 2016가단127456
양수금
Text

1. The plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. On December 1996, the Defendant received a proposal from D to jointly purchase KRW 600,000,000,000 for the purchase price ( KRW 176/343,00,000,000,000 for the instant land) among KRW 1,134,000,000 for 176,000,000,000,000 for the instant land.

B. On December 26, 1996, the Defendant paid to D KRW 53 million, which is the part of the Defendant’s share of the purchase price.

C. D also proposed F to purchase the remainder of 167 square meters out of the instant land and received KRW 50 million from F as the purchase price.

On January 8, 1997, the registration of ownership transfer was completed in the defendant's future on the grounds of sale as of December 20, 1996.

On the other hand, with respect to the purchase price paid by F, the registration of the establishment of a neighboring mortgage-holder F with respect to the land in this case was completed on December 20, 1995, instead of the registration of the transfer of co-ownership in the FF in lieu of the registration of the transfer of co-ownership.

E. On August 6, 2016, the Defendant sold the instant land to G in KRW 170 million (500,000,000 per square), and paid KRW 83,00,000,000 out of the sales price of co-ownership to F as co-ownership.

However, the certificate of real estate registration is registered as 190 million won on the buyer's request.

F. On October 27, 2016, the Plaintiffs acquired the following credits from D (hereinafter “instant transfer claim”).

D’s claim claim claim claim amounting to KRW 49,259,000 out of KRW 19,29,200,000 of the purchase price of KRW 19,29,200,000, which is KRW 19,295,000,000, which is a claim assignment of claim to be transferred to A against the third party obligor C (the transferee shall be transferred to A, and the transferee shall be KRW 30,00,00,000).

G. On October 27, 2016, D notified the Defendant that the instant assignment claim was transferred as above, and the said notification was served on the Defendant on November 1, 2016.

[Ground of recognition] without any dispute, Gap 1, 2, 3, 4, and Eul 1.

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