logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울서부지방법원 2016.02.04 2014가합36993
건물명도
Text

1. The Defendants jointly share KRW 957,383,607 with the Plaintiff and Defendant B with respect thereto from December 18, 2014.

Reasons

1. Facts of recognition;

A. The Plaintiff is a person who was the owner of the E building (the name of the building on July 27, 2015 was changed to “F building”; hereinafter referred to as the “instant building”), which is a building listed in the attached list, and is the custodian of Suwon District Court 2009dan37, which is a rehabilitation case for the Plaintiff.

B. The instant building is the collateral of rehabilitation secured creditors and cannot be disposed of without the permission of the competent rehabilitation division on July 6, 2009, as it was registered as preservative measure by the Seoul Western District Court No. 27300 on July 14, 2009.

C. The Plaintiff sold the instant building and expressed his intention to purchase the instant building, which was under the obligation to repay debts to the rehabilitation secured creditors with the purchase price, and thus, Defendant B purchased the instant building and subsequently intended to use it as a church after changing the purpose of use.

On February 7, 2013, the Plaintiff: (a) determined the total purchase price of the instant building as KRW 14 billion on condition that Defendant B and 3 were permitted by the Suwon District Court; (b) decided to purchase 60% shares of the instant building; and (c) Defendant B and 3, other than Defendant B, concluded a sales contract with the Suwon District Court to pay KRW 2.5 billion of the purchase price for the said shares within four months from the date of permission to sell and purchase the down payment of KRW 8.4 billion, and to pay the intermediate payment of KRW 2 billion within four months from the date of permission of the Suwon District Court (hereinafter “instant sales contract”); and (d) obtained permission from the Suwon District Court for the conclusion of the said sales contract and the transfer of ownership from February 18, 2013.

E. The Plaintiff and Defendant B drafted a written agreement on March 8, 2013, and its main contents are as follows.

The purchase price of paragraph (4) shall be agreed upon by the 153 Scholarship Foundation and the relevant financial institutions to treat loans, and loans with respect to 60% shares shall be the acquisition price immediately agreed on to the plaintiff.

arrow