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(영문) 광주지방법원순천지원 2016.08.25 2015가단4232
매매대금
Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. Basic facts

A. (1) On December 22, 2010, the Plaintiff, the representative director of the Plaintiff, concluded a sales contract between the F and Jindo-gun, setting the purchase price of KRW 70 million with respect to D forest land amounting to KRW 34,018 square meters (hereinafter “D forest”).

(2) The actual purchaser of the above sales contract was the Defendant B, F, and KRW 35 million out of the sales amount, instead of succeeding to the secured obligation of the right to collateral security (a claim amounting to KRW 39 million) established on the forest and fields, the remainder of the sales amount was set off against Defendant B’s loan claims against Defendant B.

(3) On January 25, 2011, the registration of ownership transfer was completed in the F future with respect to D forest land, and the registration of establishment of a mortgage (the maximum amount of bonds KRW 39 million) was completed on February 7, 2011 with respect to the existing secured loan of KRW 30 million.

After that, on March 25, 201, the registration of the establishment of a neighboring mortgage was cancelled, and on March 25, 2011, the registration of the establishment of a neighboring mortgage (the maximum amount of bonds KRW 247 million, G Apartment No. 103, G Apartment No. 109, G Apartment No. 103, 109) was completed. On August 17, 2011, the registration of the establishment of a neighboring mortgage over G apartment, a joint security, was cancelled due to the repayment of the secured debt of KRW 150,000,000,000,000 as to D forest, and only KRW 35,500,000,000,000 were remaining

(4) On December 18, 2013, with respect to D forest land, a voluntary auction was commenced upon the creditor’s net mining and livestock industry cooperative’s application.

(5) On April 30, 2014, E and Defendant B agreed to cancel the above sales contract, and Defendant B submitted relevant documents to the law firm office upon the E’s request that the documents for filing an application for cancellation of ownership transfer registration be delivered by June 10, 2014.

B. Defendant B offered H Lending’s security (1) loans totaling KRW 37 million on May 13, 2013, KRW 12 million, KRW 15 million on May 14, 2013, KRW 15 million on May 14, 2013, and KRW 10 million on May 20, 2013.

(2) E is owned by I Co., Ltd., the representative director of which is the security of the above loan obligation.

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