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(영문) 울산지방법원 2021.01.21 2019나13872

배당이의

Text

1. The plaintiff's appeal is dismissed.

2. The plaintiff's conjunctive claim shall be dismissed in this court.

Reasons

1. Basic facts

A. The Plaintiff’s claim for the purchase price of goods against D 1) The Plaintiff provided D with a hydrotension presses and rashs from October 31, 2016 to September 30, 2017, but did not receive KRW 73,945,922 out of the total processing cost of KRW 83,983,832 from D.

2) In a lawsuit seeking the payment of the above processing costs filed by the Plaintiff against D, May 14, 2019, “D shall pay to the Plaintiff delayed damages calculated at the rate of 15% per annum from April 10, 2019 to the date of complete payment,” which became final and conclusive around that time (i.e., Busan District Court Decision 2019DaGa3604). (ii) The Defendant shall pay the following sales contract for the E-Gun factory site 3,141 square meters and the single-story factory 1,200 million won constructed on its ground (hereinafter the above factory site and multi-story factory collectively referred to as “real estate”) to the Plaintiff by setting the sales contract for each of the following 1.2 billion won (hereinafter “the instant special agreement”).

Article 1 [Transfer of Ownership] (1) Seller shall enter into a sales contract separate from transfer of ownership and obtain prior approval from Ulsan Metropolitan City.

(2) A seller shall obtain prior approval from the Ulsan Metropolitan City and deliver all documents necessary for the registration of transfer of real estate to the buyer on the day immediately preceding the balance of the purchase price.

(3) The balance from sale shall be paid by a purchaser on the date of receipt of registration of transfer of ownership (including approval for sale from Ulsan Metropolitan City).

Article 2 [Cancellation and Termination of Contracts] Seller and buyer shall be against the other party where any of the following causes occurs: