제3자이의
1. The original of the order of payment with executory power of Cheongju District Court 2017 tea 171 against Cheongju Branch Co., Ltd.
1. Facts of recognition;
A. On April 25, 2012, D’s representative director of the Defendant purchased the following movables at KRW 150 million, which were set up in F at the time of residence from E (hereinafter “on the commercial site”) from E, and leased tin industry, Inc., Inc., a corporation operating tin industry at the above place to KRW 10 million, monthly rent of KRW 10 million.
D around the beginning of August 2012, the Plaintiff sold the said movable property at KRW 150 million again to the Plaintiff. On September 19, 2012, the Plaintiff paid all the purchase price and received the delivery of the said movable property by means of a transfer of the right to claim the return of the object around February 2014, and acquired the ownership of the following movable property.
G
B. On April 23, 2014, the Plaintiff entered into a contract to transfer the following movables (hereinafter “instant transferred object”) at KRW 153 million (hereinafter “instant transfer contract”) with C Co., Ltd. (hereinafter “C”), and the main contents thereof are as follows. The instant contract and the representative director I, etc. jointly and severally guaranteed C’s obligation to pay money.
2. The purchase price of the subject matter of this case shall be KRW 153 million.
Provided, That the down payment of KRW 20 million shall be paid by June 10, 2014 (the rent of KRW 40 million (2, 3, 4, and 5) and the remainder 130 million, including the down payment, shall be paid up to September 30, 2014.
3. Where the buyer pays the down payment and fails to pay the balance in lump sum by the due date for payment, the sales contract shall be terminated immediately without due process, the down payment paid by the buyer shall be forfeited to the seller, and no objection shall be raised against the buyer.
4. The buyer pays the sale balance to the seller, and simultaneously acquires a right to the subject-matter of the transfer in this case (hereinafter referred to as the “after payment”); and
5. The buyer may not exercise any right on movables which are objects of sale, before paying the full purchase price (hereinafter referred to as "the latter").
6. The buyer shall be.