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(영문) 서울남부지방법원 2018.01.19 2016가합111738

손해배상(기)

Text

1. The Plaintiff:

A. As to KRW 1,559,061,917 and its KRW 1,545,50,000 among Defendant B, from September 21, 2016 to January 19, 2018.

Reasons

1. Basic facts

A. The status of the parties and the conclusion of a real estate sales contract 1) The Plaintiff is a stock company with the purpose of export and import business, manufacture processing and design of textile products, retail business, etc., and each real estate owned by Defendant B from the Defendant B on August 25, 2014 (hereinafter referred to as the “attached sheet”).

1. Real estate “instant land” and the annexed sheet

2. The real estate "the instant building" and "each of the instant real estate" in its entirety.

3/4 shares were KRW 2.150 million, and each sales contract was concluded by Defendant C to purchase 1/4 shares of each of the instant real estate owned by Defendant C for KRW 800 million (hereinafter “each of the instant sales contracts”).

2) At the time of the conclusion of each of the instant sales contracts, each of the instant real estate was registered as a joint collateral by the following: (a) the establishment registration of the first priority collective security holder F, debtor G, H, and maximum debt amount of KRW 1.725 billion and the establishment registration of the first priority collective security holder I, debtor G, H, and maximum debt amount of KRW 1.5 billion (hereinafter “each of the instant collective security rights”) and the establishment registration of the establishment of the collective security holder F, debtor G, and H,

The main contents of each of the instant sales contracts are as follows: (a) In the event that there are grounds for restricting the exercise of ownership, such as mortgage, superficies, right of lease, etc. established on the said real estate, or the unpaid amount of taxes, public charges and other charges, the sales contract shall be transferred to the buyer with full ownership by removing the defects and burdens of the said rights by the date of the payment of the balance.

except in the rights and amounts agreed to succeed.

1.The down payment shall be the J, K, and

( L) All sales contracts for M shall be paid in a lump sum at the time of conclusion;

5. At the same time with the payment of the down payment, the provisional registration No. 111459, A-116, A-116 (N) and A-Gu 10, will cancel the decision of voluntary auction auction No. 80795 (Creditor F).

In this case with Defendant C.