부동산 매각처분권
1. The judgment of the first instance, including the Defendant (Counterclaim Plaintiff)’s preliminary counterclaim added by this court, is next to the judgment.
1. Basic facts
A. On May 24, 2016, the Plaintiff and the Defendant entered into a real estate exchange contract (hereinafter “instant exchange contract”) with the purport of exchanging each real estate listed in paragraphs 1 and 2 of the indication of attached real estate owned by the Defendant (hereinafter “C real estate”) and each real estate listed in paragraphs 1 and 2 of the indication of attached real estate owned by the Defendant (hereinafter “D real estate”) as indicated in paragraphs 3 and 4 of the indication of attached real estate (hereinafter “instant real estate”). The main contents are as follows.
Articles subject to a real estate exchange contract (Indication of the Defendant's real estate): The appraised value of C's real estate: KRW 4 billion, the principal of the obligation to succeed: KRW 1.7 billion, and the net value of KRW 810 billion: The appraised value of D's real estate: KRW 1.98 billion: The appraised value of KRW 1.980 million, the principal of the obligation to succeed: KRW 80 million, and the principal amount of the obligation to succeed: KRW 80 million: The net value of the obligation to succeed: KRW 1.177 billion: the appraised value of the real estate to be sold: KRW 6.5 billion, the principal amount of the obligation to succeed: The net value of the real estate to be transferred: KRW 4.8 billion, and the principal amount of the obligation to succeed: The Plaintiff would pay the Defendant the net value of the exchange (hereinafter referred to as "exchange price") as follows.
Exchange proceeds: 950 million won: 400 million won shall be paid at the time of a contract and remaining balance: 50 million won shall be paid on June 30, 2016.
Article 2 The plaintiff and the defendant shall deliver all documents required for the registration of transfer of ownership to the other party simultaneously with the receipt of any balance of exchange proceeds, and the plaintiff and the defendant shall deliver
Article 3 If there is any reason to restrict the full exercise of ownership with respect to the above real estate, or if there is any unpaid tax, public dues and other installments for beneficiaries, the plaintiff and the defendant transfer the full ownership to Gap and Eul by removing the defects and burdens of the rights until the balance is received.
except in cases of rights and amounts agreed to succeed.
Matters of special agreement
6. The Plaintiff’s real estate building and sowing-in.