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(영문) 수원지방법원 2016.12.01 2015나38603

배당이의

Text

1.The judgment of the first instance shall be modified as follows:

Suwon District Court C The auction of real estate deposit in the Suwon District Court.

Reasons

1. Facts of recognition;

A. On October 24, 2007, the Plaintiff entered into a sales contract with the Defendant to sell at KRW 190,000,000 for the total price of KRW 190,000,00 for the total price of KRW 743 square meters for Pyeongtaek-si D Forest and KRW 819 square meters for E road (hereinafter “each of the instant lands”). The main contents are as follows.

(hereinafter “instant sales contract”). [The purpose of Article 1(1) of the Real Estate sales contract] The Plaintiff and the Defendant shall pay the sales price in accordance with an agreement with the Plaintiff for the sale of each of the instant land:

The amount of the purchase price shall be KRW 1,00,000,000 (Won 190,000,000), the down payment of KRW 1,000,000,000,000,000, shall be the succession to the agricultural bank.

Article 6 (Non-performance of Obligations and Compensation for Damages) If the Plaintiff or the Defendant has defaulted on the terms and conditions of this Agreement, the other party may, in writing, notify the person who has defaulted on the contract and rescind the contract.

In addition, the parties to the contract may claim damages from the other party due to the cancellation of contract respectively, and the contract deposit shall be considered as compensation for damages, unless otherwise agreed.

Special Agreement - Conditions for the registration of transfer of ownership at the time land transaction permission is possible - Land E shall be the land category of the Plaintiff as the road.

-10,000,000 out of down payment shall be received at the time of the contract and the remainder of 10,000,000 won shall be paid until October 31, 2007.

- The plaintiff receives a balance to the defendant and completes the registration of transfer of ownership, thereby making the registration of creation of a neighboring mortgage.

B. According to the instant sales contract, the Defendant borrowed KRW 111,00,000 to the Plaintiff on October 25, 2007, and KRW 85,00,000 to the Plaintiff after completing the registration of establishment of a neighboring agricultural cooperative within the mortgagee’s inside of the right to collateral security, and separately, registered the establishment of a neighboring land under the Defendant’s name as to shares in E-road 819 square meters.