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(영문) 춘천지방법원 원주지원 2018.07.19 2018가합5153

토지인도

Text

1. The Defendant (Counterclaim Plaintiff) B and the Defendant C respectively to the Plaintiff:

(a)each of the buildings listed in Schedule 1 to 12 attached hereto;

Reasons

1. Basic facts

A. On August 1, 2014, the Plaintiff entered into the first sale contract with the Defendants, on August 1, 2014, the Plaintiff and the Defendants: D 708 square meters, E, 756 square meters, G field 1,917 square meters, G field 1,917 square meters, G field 5,181 square meters prior to H, 440 square meters prior to J, 536 square meters prior to K, 159 square meters, L lot 383 square meters, M field 1,244 square meters, and 677 square meters for N field (hereinafter “instant land”).

2) The lower court concluded a contract to sell 1,400,000,000 the instant 6 unit building on the ground (hereinafter “the first sales contract”).

(2) The Defendants paid to the Plaintiff KRW 140,00,000,000, the down payment of KRW 140,000,000, out of the purchase price, to the Plaintiff on August 1, 2014; the intermediate payment of KRW 960,00,000, the remainder of KRW 300,000,000, respectively, on December 20, 2015.

3) On October 17, 2014, the Chuncheon District Court received a Crossing Branch of 22290, as to the instant land, the registration of the establishment of a neighboring mortgage covering the debtor as KRW 490,00,00, respectively, with regard to the instant land, the debtor was completed with regard to the Plaintiff, mortgagee-mortgage, and the maximum debt amount of KRW 490,000.

B. The conclusion of the secondary sales contract - The Defendants are deemed to have paid in full the down payment of KRW 140,000 by December 20, 2014.

- The Defendants shall pay KRW 150,000,000 for the first intermediate payment by May 20, 2015.

- The second intermediate payment is substituted by a loan secured by the instant land after completion, and the Plaintiff shall refund the first intermediate payment of KRW 150,000 to Defendant B immediately after the loan.

- The Defendants shall bear the interest accruing each month from the loan.

- The Defendants shall pay any balance until August 30, 2017.

- The Defendants, upon receiving the registration of transfer of ownership with respect to the instant land, take over the obligations of loans secured by the instant land.

1) On March 25, 2015, the Plaintiff and the Defendants concluded a contract under which the first sales contract was amended as follows (hereinafter “the second sales contract”).

(2) Defendant B paid KRW 150,000 to the Plaintiff on May 20, 2015.

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