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(영문) 창원지방법원 2013.08.14 2012가합6592

약정금

Text

1. All of the plaintiff's claims are dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

A. On August 21, 2003, the Plaintiff filed an application for preferential purchase with Changwon District Court M&D, and the bid deposit amount of KRW 353,929,00 for KRW 10 on one occasion and KRW 3,269,145,000 (including KRW 83.79,79,000) for the remainder of the bid deposit with H payment by May 25, 2004. However, on August 21, 2003, the Plaintiff’s real estate (site) subject to consultation is the goods from voluntary auction sale at Changwon District Court M&D, and on August 21, 2003, the Plaintiff filed an application for preferential purchase with H and paid the remainder of the bid deposit amount of KRW 3,269,145,00 (including interest for late payment at non-smoking period) to Defendant B and Nonparty 3.

b. Accordingly, the purpose is to facilitate the distribution of profits from the surplus through sale, sale in lots, transfer of business rights, etc. when the ownership of real estate has been achieved by the transfer of ownership to the Defendant B and the three other buildings (auction) and then to resolve the controversy over the distribution of profits from the surplus by the successful interest of the ownership of real estate, and by the sale, sale, transfer of business rights, etc. *Da * * * 353,929,00 KRW 353,929,000,000,000

Paragraph (2)(T) 3,269,145 won shall be borne by Defendant B and three others.

Paragraph 3 (Transfer of Right to Ownership of Successful Real Estate) “A” shall submit documents attached to the consignment registration within seven days to the court, and shall file a registration of transfer at the time of application for the consignment registration with Defendant B and third parties.

Paragraph 4 (A) of this Article provides that the portion owned by F in Changwon-si and 583 square meters of the share in G (176 square meters) owned by “A” shall be KRW 500 million, and immediately, “A” and “B” and three other parties shall transfer ownership to Defendant B and third parties, at the same time with the contract, KRW 20 million, KRW 40 million until June 4, and the remainder of KRW 200 million shall be paid at the time of confirmation of the copy of the register after the termination of the Seoul Guarantee Insurance amounting to KRW 50 million, KRW 40 million, KRW 100,000,000,000, KRW 52,000,000 and KRW 1 billion,000,000,000.