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(영문) 창원지방법원진주지원 2016.01.20 2015가합10373

배당이의

Text

1. A distribution schedule prepared on March 9, 2015 by the said court with respect to the case of the voluntary auction of real estate C in the Changwon District Court Jinwon Branch C.

Reasons

1. Basic facts

A. 1) On May 23, 2008, the Plaintiff entered into a sales contract, and on May 23, 2008, 5,232 square meters of D forest land and E 2,541 square meters of forest land (hereinafter “instant land”).

(2) On August 23, 2013, the Plaintiff concluded a sales contract with the Defendant to sell the instant real estate in the amount of KRW 450 million between the Defendant and the Plaintiff, but the intermediate payment of KRW 150 million is KRW 100 million on the date of the contract, and the intermediate payment of KRW 150 million on October 15, 2013, and the remainder payment of KRW 200 million on April 30, 2014.

(40 million won was stated in the sales contract, and accordingly, the down payment was stated in KRW 50 million under the sales contract. (3) The Defendant purchased the instant land from the Plaintiff, changed its land category to the site, and intended to construct multi-household housing with permission for development activities. To this end, the Plaintiff and the Defendant agreed as follows (hereinafter “instant special agreement”).

(1) 1. 1. The seller is obligated to sell multi-households as terms and conditions of permission, and if the final non-permission is made, the seller shall be liable for civil and criminal liability, and the seller shall reimburse the double amount. 2. The seller shall set up KRW 400 million at the time of the payment of the intermediate payment, and the seller shall provide necessary documents and consent thereto. 3. At the same time, the seller shall pay the intermediate payment on March, 200, the seller shall cancel the collateral security established on the instant land, and the certificate of rescission and the intermediate payment shall be fulfilled simultaneously. 4. The remainder of the purchase and sale on April, 200 shall be paid after the date of non-permission (as of April 30, 2014) and (2) at the time of the auction (as of April 30, 2014).