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(영문) 서울중앙지방법원 2015.09.11 2013가합523020

근저당권말소

Text

1. As to the real estate stated in the attached list 1 and 3 to the Plaintiff Co., Ltd., the Defendant, and the Plaintiff Co., Ltd.

Reasons

1. Basic facts

A. Article 2 of the conclusion of the instant sales contract with the Plaintiff A (the purchase price) is the total purchase price of the said real estate at KRW 4.68 billion.

Article 3 [Methods of Payment of Sales Price]

(a)The down payment shall be KRW 400 million, and ① the first down payment shall be paid in cash at the time of a contract: 150 million won.

(2) The second down payment: Cash payment of KRW 250 million on December 10, 201 shall be made in the amount of KRW 250 million.

(b) Balance: Payment in cash of KRW 480 million on May 30, 2012;

C. Loans: Plaintiff A will repay the remainder after the completion of the building at the time of the remainder payment.

Article 5 [Matters to be implemented by the Defendant (after the conclusion of this Agreement)] The Defendant shall cooperate in the authorization, permission and procedures necessary for construction on the site to be purchased by the Plaintiff A.

All expenses related to this shall be borne by the plaintiff A.

Article 6 [Matters to be Observed by Plaintiff A (after Conclusion of this Agreement)]

A. Since authorization and permission necessary for construction is promoted by Plaintiff A, it shall not exceed the date stated in relation to the business unless the defendant's serious liability is attributable to him.

B. Where the payment of balance, repayment of the principal and interest of loans, and payment of interest are delayed or impossible due to a cause attributable to Plaintiff A, the damage suffered by the Defendant shall be compensated by Plaintiff A.

Article 7 [Liability for Taxes, Taxes and Interest on Loans] The taxes, public charges, and the principal and interest on loans for the possession and use of this real estate shall be imposed or incurred by the defendant in accordance with the standards for approval for the project (as of December 30, 201) and shall be borne by the plaintiff A in accordance with the standards for approval for the project.

Article 8 (Transfer of Ownership) The payment of the down payment of KRW 400 million under Article 3 shall be completed and the ownership shall be transferred, but in order to guarantee the repayment of the principal and interest of the loan and the payment of the balance of KRW 480 million, an amount equivalent to 150% of the balance shall be notarized by the plaintiff A and the defendant as to the security agreed in advance and exchanged for documents necessary for the transfer of ownership.