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(영문) 서울북부지방법원 2018.04.06 2017나3640
배당이의
Text

1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Basic facts

A. 1) On March 16, 2016, the Plaintiff is collectively named the Defendant (Appointed Party) and the Appointed Party B (hereinafter referred to as the “Appointed Party”) and the Appointed Party B (hereinafter referred to as the “Defendant”).

2) The instant housing owned by the Plaintiff (hereinafter referred to as “instant housing”) No. 6, 301, Gangnam-gu, Seoul.

2) The sales contract to sell the sales price of KRW 220,000 (hereinafter “instant sales contract”) is the following:

The contract deposit was concluded. The delivery date of the instant housing was April 15, 2016, the remainder of KRW 205,000 (the payment on the contract date) and the remainder of KRW 205,00,000 (the delivery date of the instant housing paid on April 15, 2016).

Special Agreement

2. Establishment of one provisional seizure: To cancel it after the date of redemption of the contract.

3.A loan (the maximum amount of bond 195,00,000 won) established on the goods shall be the amount included in the purchase price and shall be cancelled after the refund at the remaining time.

4. Transfer ownership on the date of the contract under the agreement of the Parties.

5. The seller is liable for financial expenses incurred until any balance due to existing mortgage.

2) On March 16, 2016, the Defendants paid the Plaintiff the down payment of KRW 15,000,000,000, which is the date of the contract as stipulated in the above special agreement, and completed the registration of ownership transfer under the name of the Defendants on the instant housing, and thereafter, the Plaintiff and the Freezing and freezing Fisheries Cooperatives established in the instant

(2) As to the remainder of KRW 55,00,000, which is actually expected to be paid, with the exception of the amount of the secured obligation under the name of the right to collateral security (hereinafter “instant lease”).

A. The term of payment: the term of payment on March 16, 2016: the special agreement between March 16, 2016 and April 14, 2016.

2.This lease contract shall be prepared for the purpose of maintaining the term of lease only for a period to facilitate the sales contract between the parties.

3. The deposit for lease on a deposit basis shall be offset from the balance of sale and purchase;

3. On December 26, 201, the Plaintiff already completed the move-in report on the instant house, and on March 17, 2016, the fixed date is fixed on the instant lease agreement.

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