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(영문) 청주지방법원충주지원 2013.11.28 2013가합577
토지인도 등 청구의 소
Text

1.(a)

Defendant E and F are each real estate listed in the separate sheet Nos. 1, 2, 3, 4, 5, 7, 8, and 9 to the Plaintiff (Counterclaim Defendant).

Reasons

1. Facts of recognition;

A. On February 2012, the counterclaim Defendant, an operator of the Plaintiff Company, agreed to transfer to Defendant D the Plaintiff Company for the purpose of forest aggregate extraction, mine business, etc., and concluded a contract to sell each of the real estate listed in the separate sheet No. 6, 10, excluding the above list No. 6, and 10 (hereinafter “instant real estate”); and the real estate listed in the separate sheet No. 6, 10, excluding the real estate listed in the above list No. 6, and B owned the real estate listed in the above list No. 10); and each of the construction machinery listed in the separate sheet No. 2, owned by the Plaintiff Company located in the instant real estate (hereinafter “instant construction machinery”); the main contents are as follows.

The contract of this case has the name and seal of the representative director G of the plaintiff company as a joint guarantor under the name of the seller counter-defendant.

(1) Before Defendant D pays the full amount of the purchase price, matters regarding all the powers and management of the company (Plaintiff Company) shall be operated and managed by the counterclaim Defendant, Defendant D shall be liable for production and management, such as collecting earth and stones, and all the claims and obligations arising before February 16, 2012 shall be liable by the counterclaim Defendant.

(Management Matters Paragraph 1 and Paragraph 6). (2) of the Terms and Conditions of the contract shall be KRW 3.7 billion; the down payment shall be KRW 3.55 million; the remainder of the intermediate payment shall be KRW 200 million shall be paid in cash, and the remainder of the intermediate payment shall be substituted by Defendant D’s acceptance of the obligation of KRW 200 million to the Industrial Bank of Korea of the Plaintiff Company; the remainder shall be replaced by Defendant D’s delivery of earth and stones collected from tin acid among the instant real estate at the unit price for each size agreed upon at the Plaintiff Company’s factory from February 15, 2012 to February 14, 2013; Defendant D deposited the total purchase price of KRW 3.5 billion; and Defendant D shall deposit KRW 3.5 billion in money; and when all matters, such as the replacement of the work and joint and several suretys, are completed.

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