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(영문) 대구지방법원 2016.10.14 2016가합201320

소유권이전등기

Text

1. The Defendants received KRW 1,835,00,000 from the Plaintiff at the same time as the Plaintiff received the payment from the Plaintiff:

(a) the annexed list;

Reasons

1. Facts of recognition;

A. On February 28, 2013, the Plaintiff entered into a sales contract with the Defendants to purchase KRW 1.85 billion for the real estate indicated in the separate sheet with the Defendants, and paid KRW 50 million out of the down payment to the Defendants. The terms and conditions of the said sales contract are as follows.

(A) No. 1-2) The buyer shall verify the current status of the real estate and all of the public records documents, and enter into a contract under the present condition.

2. The buyer shall pay at the time of the contract the down payment of KRW 50 million which is KRW 30 million, and transfer the amount payable at the time of the contract to the seller’s account (TB) by the 25th day of each month until the 300 million interest per month on the account of the lessee (D).

3. When the present lessee (D) shop is named, the unpaid down payment of KRW 250 million shall be paid to the seller.

4. If the buyer fails to pay any balance after three months of the current name of the lessee (D), he/she shall pay the current rent of 5.5 million won (including value-added tax) on the 15th of each month.

5. The agreed amount of three million won per month shall be deemed to be a cause attributable to the buyer in arrears for at least three months, and the contract shall be automatically terminated;

6.In the case of referring to the right side of the building (in the case of referring to the road, the current "F") the buyer shall be succeeded to.

7. The current name of the lessee (D) becomes liable for the seller.

8.This Agreement shall be notarized under the agreement of both parties and shall be jointly borne by them.

9. Where 100 million won is insufficient due to the buyer's circumstances at the time of the transfer registration, the seller shall establish the second-class collateral mortgage simultaneously with the transfer registration and the buyer shall bear 12% interest per annum and the cost of establishment.

Provided, That the period shall be determined by October 31, 2016.

B. The Plaintiff wired KRW 3 million each month from March 2013 to the account designated by the Defendants pursuant to paragraph (2) of the foregoing special terms and conditions, and the Defendants and the existing lessees and the date of delivery on real estate indicated in the attached Table, as notified by the Defendants, following consultation with the Defendants on the delivery date of the real estate indicated in the attached Table, the term of lease of the above “D” expires, and the amount of unpaid down payment KRW 250 million, which is KRW 250 million.