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(영문) 대구지방법원 김천지원 2017.01.12 2016가단4538

매매대금 초과 지급금 반환

Text

1. The Defendant: 5% per annum from June 15, 2016 to January 12, 2017 to the Plaintiffs respectively.

Reasons

1. On June 10, 2016, the Plaintiffs entered into a sales contract with the Defendant for a total of 833 square meters (around 251 square meters; hereafter the same shall apply in this case) of four lots of land, including Gusisisi, E, F, and G, into said contract with the Defendant on 420 million won, and the down payment of KRW 42 million is paid on the day, the remainder of KRW 378 million shall be paid on the day, June 17, 2016, respectively (Article 2); the seller shall pay the debts and taxes related to the said real estate as of the remainder payment date (Article 4); the seller shall deliver documents necessary for the registration of ownership; and the seller shall deliver documents necessary for the registration of ownership to the buyer upon receipt of the remainder; and shall cancel the entire withdrawal of provisional seizure and the establishment of collateral mortgage on the remaining registry, and shall transfer the ownership registration.”

(2) At the time of the instant purchase and sale contract. A1, the instant real estate at the time of the date of May 13, 2013 of the former Saemaul Savings Depository (the maximum amount of 325 million won, the Defendant), seizure as of December 24, 2014 of the former Sinsi District Court (the debtor), H’s right to collateral security (the maximum amount of 60 million won, the debtor beauty Star), I’s right to collateral security (the maximum amount of 50 million won, the debtor) as of September 25, 2015, the former Saemaul Savings Depository’s decision to commence voluntary sale (the court’s decision) as of April 5, 2016 of the former Saemaul Savings Depository (the defendant) and the provisional seizure as of April 7, 2016 (the amount of 50 million won, the Daegu Foundation’s credit guarantee as of July 29, 2015).

(A) On June 10, 2016, the Plaintiffs: (a) on June 10, 2016, KRW 42 million (A3-2); (b) on June 10, 2016, KRW 54 million (A3-6); (c) on June 13, 2016, KRW 50 million (A3-7); and (d) on June 13, 2016, the payment of the above collateral security debt to the Defendant on June 10, 201, KRW 1,347,090; and KRW 1,368,70 (A3-3); (c) on June 14, 2016, KRW 50,684,105 (A3-4); and (d) on June 14, 2016, KRW 506,000,000,000,000,00 won for the principal and interest on the foregoing collateral;