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(영문) 수원지방법원 2017.08.08 2015가단105199

추심금

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1. Of the land listed in paragraph 6 of the attached Table 2 list from G, each point of Attached Form 1, 2, 3, 4, and 1 shall be in order.

Reasons

1. Facts of recognition;

A. The Plaintiff is a creditor who, with respect to G, a notary public holds a claim of KRW 70 million based on the No. 786 of the No. 786 of the No. 2010 No. 2010, Oct. 26, 2010.

B. Defendant E, Defendant F, H, and I (hereinafter “Defendant E, etc.”) were owners of 1/4 shares of each real estate listed in the separate sheet No. 1, and Defendant E is the sole owner of each real estate listed in the separate sheet No. 2 (hereinafter “instant real estate”) including each real estate listed in the separate sheet No. 1 and No. 2.

C. On May 12, 2008, G entered into a real estate sales contract with Defendant E, Defendant F, and H to purchase the instant real estate (hereinafter “instant sales contract”) with the following content:

The buyer: The seller of G: The sale price of the instant real estate (as of approximately 2700 square meters): KRW 1.880 million: The method of paying the down payment: KRW 180 million among the intermediate payment, shall be paid at the time of the contract; the payment shall be made on June 12, 2008; and the remaining intermediate payment KRW 100 million shall be paid on June 30, 2008; the remainder payment shall be paid on June 30, 2008; the remainder payment of KRW 580 million and damages shall be paid on November 29, 2008; if the seller or the buyer fails to fulfill the terms of this contract, the other party may give written peremptory notice 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.

However, payment of KRW 400 million, including the above down payment of KRW 180 million and the first intermediate payment of KRW 220 million, shall be substituted by KRW 400 million already paid by J, etc. to Plaintiff E, etc. according to the instant original sales contract.

b. The balance shall be paid to Plaintiff E, Plaintiff F, and H only for the remainder after deducting KRW 100 million, and the deducted KRW 100 million shall be paid directly to I.

d.

Defendant E, Defendant F, and H are as above.