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(영문) 서울동부지방법원 2018.06.22 2017가합2333

구상금

Text

1. The Defendant’s KRW 63,068,890 as well as the Plaintiff’s KRW 5% per annum from January 26, 2016 to June 22, 2018, and the following.

Reasons

1. Basic facts

A. On March 16, 2011, the Plaintiff entered into a contract with the Defendant to purchase the land for factory C, 3688 square meters and its ground-based factory buildings (hereinafter “instant real estate”) at KRW 1.33 billion in the purchase price.

According to the above contract, the Defendant had a duty to fully transfer ownership to the Plaintiff by cancelling all limited real rights, etc. established on the instant real estate.

Real Estate Sale Contract

1. Display of real estate: The land category C: The area of land for a factory: 3,68 square meters in Gyeonggi-do, but 3,00 square meters in a sloping roof A: 330 square meters in a building area: 22 square meters in a building area, 378 square meters in a building area, light panel, roof, restaurant, dormitory 1 square meters in a building area: 310 square meters in a building area: 282 square meters in a building area;

2. As to the sale of the above real estate under Article 1 (Purpose) of the contract terms, the Defendant and the Plaintiff shall pay the purchase price by agreement as follows.

Sales proceeds: 1,330,000,000 won: 130,000,000 won shall be paid and received at the time of the contract (the defendant: the defendant). The intermediate payment: 500,000,000 won shall be paid on April 29, 201.

Any balance: 700,000,000 won shall be paid on December 29, 2011.

(B) Before amendment, May 13, 201. Attachment: By no later than April 15, 2011, the attachment of Macheon-si (Secheon and 26857-22 November 201) is to be cancelled.

(B) Provisional attachment on April 8, 2011: D (220,130,00--22 December 22, 2010) for provisional attachment shall be released by no later than May 31, 201, for cases of provisional attachment D (220,130,000 of the claimed amount)

(B) Before amendment, Apr. 8, 2011 (hereinafter “instant right to collateral security”): The Industrial Bank of Korea (No. 42182-C. 1,500,000,000- October 29, 2007)’s establishment of the right to collateral security shall be rescinded by November 30, 201.

(B) Before amendment, May 13, 201). Collateral-mortgage (No. 43795-Creation 250,000,000- November 5, 2007) is released until May 31, 2011.

(former May 13, 201). Article 2 (Transfer, etc. of Ownership) of the Act provides that the Defendant shall register the transfer of ownership to the Plaintiff simultaneously with the receipt of the balance of the purchase price.