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(영문) 서울중앙지방법원 2017.12.22 2017가합524212

위탁자지위이전

Text

1. The Plaintiff:

A. As to the Defendant A and B’s joint KRW 911,00,000 and KRW 150,000,000 among them, Defendant A and B shall jointly do so. < Amended by Presidential Decree No. 2720, Jul. 21, 2016>

Reasons

1. Basic facts

A. On August 22, 2014, C, Defendant A, and B (hereinafter “C, etc.”) entered into a real estate security trust agreement (hereinafter “instant real estate”) with respect to each of the real estate listed in the separate sheet (hereinafter “each of the instant real estate”) on which they shared with the Mugunghwa Trust Co., Ltd. (hereinafter “G, etc.”) with the first priority beneficiary, and completed the registration of ownership transfer with respect to the same day, based on the said trust agreement.

B. On July 21, 2016, C, etc. concluded a sales contract with the Plaintiff (hereinafter “instant sales contract”) with the Plaintiff to sell each of the instant real estate and all of the rights and obligations related thereto (hereinafter “each of the instant real estate, etc.”). The main contents related to the instant case are as follows.

The seller of the instant sales contract: C, the Defendant A, B (hereinafter “seller”) or B: The buyer: the Plaintiff (hereinafter “Buyer” or “B”); Article 1 (Purpose of the Contract) A of the Plaintiff (hereinafter “Buyer”) sells the real estate of this case and the rights and duties related to each of the said real estate to B; and the buyer purchases them.

Article 2 (Sales Price and Payment Terms) A shall pay A the sales price of real estate for sale purposes as follows:

Total purchase amount: 3.65 billion won

(b) Loans extended to community credit cooperatives worth KRW 2.3 billion in total, KRW 1.5 billion in total, on September 21, 2016, KRW 2000,000 in an intermediate payment of KRW 215 billion on July 21, 2016, the payment method of KRW 150 million in the payment method of the purchase price and payment date (including value-added tax) and KRW 30 million in an intermediate payment of KRW 30 million on September 10, 2016, KRW 685 billion in an intermediate payment of KRW 30 million on September 21, 2016;

(c) The sales amount paid to A shall be deposited into the following financial institution accounts designated by A:

(IC) Article 7 (Termination, Rescission, and Compensation for Damages) (1) If either party neglects to comply with this Agreement, the other party shall set a grace period for one week.