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(영문) 대전지방법원 2015.05.13 2014가합107547
매매대금
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

Basic Facts

Article 1. The seller of Article 2: (a) shall deliver all documents necessary for the buyer’s loan to a financial institution (one document necessary for the registration of loan and transfer of ownership), and shall cooperate in lending and registration procedures; and (b) shall deliver the said real estate on October 24, 201.

Article 3 If any ground exists to restrict the exercise of ownership, such as mortgage, superficies, lease, etc. established on the above real estate, or there is any unpaid amount of taxes, public charges and other charges, the seller shall transfer the full ownership to the buyer by removing the defects, burdens, etc.

except in cases of rights and amounts agreed to succeed.

Matters of special agreement

1. C All the Hist Cra and WP-type compresseds installed in a building attached to C, the right to permit the scrapping of buildings, and the right to use the Hist Cra and WP-type compresseds installed in the building on the ground, all of the low-end structures connected to the structures installed on the ground, and all of the facilities for crushing of flow water on the ground shall be included in the sale proceeds of the building. 2. The balance shall be covered by bank loans;

Plaintiff

On September 21, 2011, the following sales contract (hereinafter “instant sales contract”) was concluded between the company and the Defendant with respect to the real estate (hereinafter “instant building”) as indicated in the separate sheet between the Plaintiff and the Defendant, whereby the seller and the Defendant were the purchaser:

On the same day, the Plaintiff Company received 70 million won down payment from the Defendant.

On October 25, 2011, the Defendant completed the registration of ownership transfer on the instant building due to sale on September 26, 2011.

[Reasons for Recognition] Uncontentious Facts, Gap evidence No. 1, Eul evidence No. 2, and judgment as to grounds for a claim as a whole of the pleadings

A. According to the facts acknowledged earlier, the Plaintiff Company entered into the instant sales contract with the Defendant to sell the instant building in KRW 1 billion.

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