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(영문) 서울중앙지방법원 2016.11.10 2015가합556024

전부금

Text

1. The Defendant’s KRW 352,165,00 for the Plaintiff and KRW 5% per annum from April 9, 2015 to November 10, 2016.

Reasons

1. Basic facts

A. On March 9, 2005, C Co., Ltd. (hereinafter “Nonindicted Co., Ltd.”) entered into a sales contract with the Defendant and the Defendant to purchase all obstacles, such as the Gu-si E, F, G, D, H (as to the aforementioned D land’s share 3,296.5 shares) and its ground buildings, etc. in the purchase price of KRW 1,605,950,000 (the remainder payment is completed by the end of December 2005) (the purchaser, as indicated in the contract, as non-party Co., Ltd. and one other; hereinafter “instant sales contract”).

According to the above sales contract, the non-party company paid the above purchase price to the defendant, and on May 4, 2006, the registration of ownership transfer was completed in the name of the non-party company for the above non-party E, F, G, and D (the pertinent share) but the registration procedure for ownership transfer was not implemented with respect to H (hereinafter "the instant land").

B. The Plaintiff filed an application with the Seoul Central District Court for a payment order claiming a loan of KRW 645,446,575 as Seoul Central District Court Order 2010 tea67483 and its delay damages, and received the same payment order from the above court on September 27, 2010. The above payment order was finalized on October 20, 2010.

C. On the basis of the original of the above payment order, the Plaintiff filed an application with the Seoul Central District Court 2015TTT 5028,525,842,274 won for a claim amounting to KRW 525,842,274, the debtor company, the third debtor, and the non-party company against the Defendant for an assignment order of claims and assignment order against the Defendant. On February 25, 2015, the Plaintiff received an assignment order of claims and assignment order (hereinafter “instant attachment and assignment order”) from the above court. The above attachment and assignment order was served on the Defendant on March 3, 2015, and became final and conclusive on April 8, 2015.

If the contract for the sale of real estate was cancelled on March 9, 2005 between the non-party company and the defendant, the non-party company should receive from the defendant.