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(영문) 인천지방법원 2018.03.30 2017가단237116

매매대금반환

Text

1. Defendant D’s KRW 100,000,000 and interest rate of KRW 15% per annum from October 19, 2017 to the date of full payment.

Reasons

1. Basic facts

1. Defendant C’s representative director G is called as “A”, Defendant B’s “B”, and the Plaintiff as “A”.

In addition, “B” and “B” agree to assign “B”’s agent F to “B,” and “B”’s agent D to “B,” respectively, on behalf of “B” and “B”.

§ 1. Land size and lot number of public auction goods and auction goods ① land subject to purchase

2. Auction Goods ① The lot number of KRW 3,362,741,00 in the area of land: The sale price of KRW 10,095 square meters and the appraisal price of KRW 3,362,741,00 in the area of land: He shall determine the balance preparation of the bid price and the bidding price of goods subject to sale by auction for ownership transfer under the agreement between A, B, and C.

When the remainder payment is made after the successful tender, insufficient funds, including taxes and public charges, shall be loaned from a financial institution in the name of A, and Eul and Byung shall guarantee and guarantee the relevant equity only for these items.

In addition, in the event that there is a shortage of funds necessary for the transfer of registration after the loan of a financial institution, the best with Gap and Eul shall not be interrupted, and Byung shall actively cooperate with it.

After the balance is paid in full, the transfer of ownership shall complete the registration for each share of three persons.

Article 4:Share A, B, and C shall promote the sale of the entire land immediately after the successful bid is awarded.

It is a condition that Gap's shares shall be paid out of the net proceeds from sale after deducting necessary expenses such as land acquisition cost, loan interest and acquisition tax, and 47.5% of shares, Eul's shares shall be 42.5% of shares, and Byung's shares shall be paid out.

Article 5:Exceptional Provisions (1) Superficies A shall agree to separately transfer superficies in the name of C after the completion of the entire sale of the above land.

However, in the settlement of the remainder of auction goods ① and the successful bidder, it should not interfere with the loan by including it in the comprehensive collateral, and the loan shall be repaid through the sale of the entire land.