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(영문) 수원지방법원 여주지원 2021.02.17 2020가합11192
소유권말소등기
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Defendant Incorporated Co., Ltd. receives KRW 1,870,949,243 from the Plaintiff and simultaneously receives the payment from the Plaintiff.

Reasons

1. Basic facts

A. On December 24, 2019, the Plaintiff, while selling each of the instant real estate to Defendant B in KRW 2.7 billion, prepared a sales contract with the following terms and conditions (hereinafter “instant sales contract”). The indication of each of the instant real estate sales contracts: Article 2 of the instant real estate sales contract [the purchase price] KRW 2.7 billion, and the details of payment thereof are as follows.

Article 3 [Payment Method of Purchase Price] Article 2.7 billion won (1) of the total sum of divided down payment and intermediate payment, KRW 500 million (2.2 billion) (1) The buyer shall pay the seller the down payment and intermediate payment at the same time as this contract is concluded.

(2) The remaining 2.2 billion won shall be paid as of January 23, 2020.

Article 4 [Transfer of Ownership] (2) Acquisition tax, registration tax and remuneration for a certified judicial scrivener shall be borne by a purchaser for an application for registration of transfer of ownership of any sale object.

Article 11 [Other Special Terms and Conditions] Buyers may refund any balance paid (2.2 billion won) to a seller’s financial obligation (based on D bank 1,540,000,000 won).

B. Around February 6, 2020, the Plaintiff and Defendant B changed the purchase price to KRW 2,776,776,776,302, including the value-added tax on the sales building in KRW 2.77 billion, as well as the value-added tax on the sales building in KRW 76,76,302.

(c)

Defendant B completed the registration of ownership transfer on February 10, 2020.

As to the instant building on the same day, Defendant C completed the registration of establishment of the right to collateral security with the maximum amount of KRW 2.34 billion against the obligor, Defendant B, and Defendant C, and lent KRW 1.95 billion to Defendant B.

(d)

On February 10, 2020, Defendant B paid on behalf of the Plaintiff KRW 1,55,949,243 of the Plaintiff’s debt to D Bank in order to cancel the registration of the creation of a collateral security (the maximum amount of KRW 1.8 billion, the debtor, the debtor, and the collateral mortgagee Co., Ltd. (hereinafter “D Bank”) which was completed on each of the instant real property. On the same day, Defendant B repaid the Plaintiff’s debt of KRW 1,55,949,243 to the Plaintiff’s account. 315,000.

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