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(영문) 부산지방법원 2017.04.12 2016가합43745
소유권이전등기 등
Text

1. The Defendant (Counterclaim Plaintiff) against the Plaintiff (Counterclaim Defendant)

A. As to each real estate listed in the separate sheet, April 21, 2015.

Reasons

Basic Facts

The seller who entered into a sales contract: The defendant and the buyer will refund the Plaintiff's sales price of KRW 2.4 billion a down payment of KRW 1.57 billion a loan of KRW 1.455 billion.

The intermediate payment of KRW 293 million shall be paid as the substitute on April 13, 2015, and the balance of KRW 500 million shall be paid on April 13, 2015.

The date of delivery of real estate shall be April 13, 2015.

When there is a reason to restrict the exercise of ownership, such as a mortgage, superficies or right of lease established on the above real estate or there is a shortage of taxes and other charges, the defendant shall remove the defects and burdens of the rights and transfer the full ownership to the plaintiff by the date of the payment

Matters of special agreement

1. An intermediate payment of KRW 293 million is simultaneously conducted by the Plaintiff’s remaining value of the building C (the base agreement for sale price of KRW 1.00,000). If the Plaintiff is unable to pay in cash by April 13, 2015, the interest equivalent to KRW 35,00,000 shall be paid in cash, and if the Plaintiff sells the Defendant’s building C by May 31, 2015 and the intermediate payment of KRW 293,00,000 is not paid in cash, the ownership transfer registration shall be made to the Defendant on June 1, 2015.

On November 22, 2014, the Plaintiff and the Defendant concluded a sales contract with the purchase price of KRW 2.2 billion on each of the real estate listed in the separate sheet (hereinafter “instant real estate”) on November 22, 2014. On March 31, 2015, the Plaintiff and the Defendant drafted a sales contract (No. B. 8-1) dated March 31, 2015, with the following content:

On March 31, 2015, the Plaintiff and the Defendant entered into a payment contract (Evidence A6) with respect to the Plaintiff’s building C owned by the Plaintiff (hereinafter “real estate”) on the following terms: (a) the seller, the buyer, the buyer, the sales price of KRW 1 billion; (b) the loan of KRW 300 million; and (c) the security deposit of KRW 47 billion; and (d) the Defendant succeeded to the remainder of KRW 293 million; and (e) the Defendant shall pay the remainder of KRW 293 million to the Plaintiff on May 31, 2015; and (b) the remainder of the remainder of the contract is 209 million.

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