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(영문) 서울동부지방법원 2017.08.11 2016가합105716

매매대금 청구의 소

Text

1. The Defendant’s KRW 1,000,000 among the Plaintiff and KRW 950,000,000 among the Plaintiff, shall be KRW 50,000 from September 20, 2016, and KRW 50,00,000.

Reasons

1. Judgment on the ground of the Plaintiff’s claim

A. The Plaintiff is a company with the purpose of manufacturing and selling industrial machinery. The Defendant is a company with the purpose of manufacturing and selling functional health foods, wholesale and retail, export and import business, etc. 2) The Plaintiff newly constructed each building listed in attached Tables 2 and 3 (hereinafter “instant building”) on the land listed in attached Tables 2 and 3 (hereinafter “instant land”) owned by the Plaintiff from July 30, 2010 to July 30, 2010, the Plaintiff entered into a sales contract with the Defendant on April 23, 2012 with regard to the instant land and building (hereinafter “instant real estate”). The sales contract was concluded on the date of the payment of the down payment of KRW 60 million on the date of the contract, intermediate payment of KRW 1.4 billion on April 26, 2012, and the remainder of KRW 1 million on April 3, 2012 (hereinafter “instant land”).

3) Under a special agreement at the time, the original Defendant: (a) delivered the documents required for the registration of transfer of ownership at the same time as the payment of the contract amount; and (b) delivered the documents required for the registration of transfer of ownership; and (c) immediately received the first priority loan for the remainder, the seller as a creditor and completed the establishment of the subordinated collateral security at the time of

(4) On May 4, 2012, the Defendant completed the registration of ownership transfer of the instant real estate, and on the same day, extended a loan to the National Credit Union of Boanan National Credit Union (hereinafter “Yananananan National Credit Union”) with the maximum debt amount of KRW 1 billion and the establishment registration of a mortgage near the debtor as the defendant, but did not set subordinate collateral security under the security agreement to the Plaintiff up until now.

[Reasons for Recognition] Facts without dispute, Gap 1 through 5, 7 through 9, 13, and 14 items (including items with additional numbers; hereinafter the same shall apply) and the purport of the whole pleadings

B. According to the facts of the judgment 1 above, the defendant was the plaintiff at the time of entering into the instant sales contract.