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(영문) 대구지방법원포항지원 2020.12.03 2020가단106099

매매대금

Text

The plaintiff's claim is dismissed.

Litigation costs shall be borne by the plaintiff.

Reasons

1. Facts of recognition;

A. On November 6, 2012, the Plaintiff entered into a sales contract with the Defendant on a set of KRW 250 million with respect to the purchase price for 11 parcel, including 10,061 square meters in Nam-gu, Nam-gu, Seoul (hereinafter “this case’s real estate”).

B. On July 21, 2010, the registration of provisional seizure was completed on May 20, 201 with respect to some of the real estate in the name of the Association (the maximum amount of claims KRW 91 million) and the registration of creation of superficies under the name of the Association. (2) The registration of provisional seizure was completed on May 20, 201 with respect to the real estate in the name of the Association.

On July 11, 2012, the entry registration (F) of the decision on voluntary commencement of auction was completed on July 11, 2012 with respect to the real estate in question at the Daejeon District Court 201Kadan3520, claim amounting to KRW 50 million). (4) On November 6, 2012, the Plaintiff completed the registration of the right to claim transfer of ownership on the ground of the promise for sale on the same day by the Defendant.

5. Entry and registration of a decision on voluntary commencement of auction on November 7, 2012

6. The withdrawal was cancelled by reason of withdrawal.

6) On December 10, 2012, the Plaintiff, on November 16, 2012, completed the registration of ownership transfer based on the registration of ownership transfer claim on the grounds of sale and purchase. 7) The registration of provisional attachment in the name of E was completed on December 13, 2012.

7. The cancellation was made on the ground of termination.

8) On December 17, 2012, regarding the right to collateral security under the name of D Association, the debtor was the defendant and the registration of change of the right to collateral security was completed on the grounds of acceptance of the contract on the same day. The registration of creation of superficies was completed on the grounds of termination on January 22, 2013. (C) On December 7, 2012, the defendant paid KRW 50 million in relation to provisional attachment to E on December 7, 2012, and KRW 70 million in principal out of the secured obligation under the right to collateral security to D Association, respectively. < Amended by Act No. 11904, Jan. 21, 2013>

2) On November 6, 2012, among the secured debt of the foregoing right to collateral security, the base overdue interest as of November 6, 2012 is KRW 16,125,891. 3) The Defendant remitted the total amount of KRW 100 million to the Plaintiff’s account in the name of the Plaintiff on January 16, 2013.

[Ground] Facts without dispute, Gap.