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(영문) 서울남부지방법원 2019.12.06 2018가단12357
매매대금반환
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On March 4, 2004, the Defendant purchased 1,046 square meters and 2,514 square meters (hereinafter “instant land”) prior to D, Priju-si, Priju-si, and completed the registration of ownership transfer in the name of the Defendant on April 27, 2004.

B. On September 5, 2013, F provided the instant land, the instant land and the instant land and the instant land to the G Association (hereinafter “G”), as a joint collateral, and loaned KRW 3,800,000,000 to the land offered as the said joint collateral (hereinafter “joint collateral land”), and the registration of creation of a mortgage (hereinafter “mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-backed claim

C. On January 28, 2016, G applied for a voluntary auction of real estate on the instant land, etc. with respect to the land jointly secured by Goyang-gu District Court J, which was based on the instant right to collateral security, and the Plaintiff and K applied for a voluntary auction of real estate on December 20, 2016, as a creditor, for the instant real estate auction on the instant land, etc. with the Jan-gu District Court high support L on December 2

[2] The instant land was sold in the instant voluntary auction procedure, and the ownership transfer registration was completed on May 23, 2017, and on June 21, 2017, the distribution schedule was formulated to distribute KRW 70,097,776 to the Defendant, the owner of the instant land, who is the owner of the instant land.

[Ground of recognition] Facts without dispute, entry of Gap evidence 2 and 3 (including virtual number; hereinafter the same shall apply), the purport of the whole pleadings

2. On May 12, 2015, the Plaintiff asserted that the purchase price for the instant land was determined as KRW 1,292,160,000 between F or M, on behalf of the Defendant, and concluded a sales contract to substitute the payment of KRW 1,359,706,240 paid on September 5, 2013.

At the time of entering into the instant sales contract, the Plaintiff’s seal impression was affixed to the Defendant’s seal imprint, as well as to the N designated by the Defendant on September 16, 2015.

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