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(영문) 부산지방법원 2017.08.08 2016가단344588
소유권이전등기
Text

1. The plaintiff's claim is dismissed.

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

Reasons

Basic Facts

The defendant is the owner of each real estate listed in the separate sheet, and the plaintiff is the company that purchased part of each real estate listed in the separate sheet from the defendant, and C is the plaintiff's internal director.

On May 25, 2016, the Defendant borrowed 250,000,000 won from the Busan Eastern Credit Union (hereinafter referred to as the “ Busan East Eastern Credit Union”). On May 25, 2016, the Busan East Eastern Credit Union completed the registration of the establishment of a neighboring mortgage, which is the debtor, the mortgagee, and the mortgagee, the Busan East Eastern Credit Union, on May 25, 2016.

(hereinafter “instant collateral security”). The instant sales contract

1. Part (332.75 square meters) of a size of 1,100 square meters (332.75 square meters) in which the indication of real estate is located, Busan Young-do E, and F 2 lots (290 square meters shall be sold);

2. As to the sale of the above real estate, Article 1 (Purpose) of the Terms and Conditions of the Contract, the seller and the buyer, by agreement, shall pay the sales amount as follows:

The purchase price shall be 600,000,000 won.

Contract deposit shall be paid 50,000,000 won on July 5, 2016.

An intermediate payment of KRW 250,00,000 shall be succeeded to August 5, 2016.

Any balance shall be settled in lieu of KRW 300,000,000.

Article 2 (Transfer, etc. of Ownership) A seller shall, at the same time as the receipt of the balance of the purchase price, deliver all documents necessary for the registration of transfer of ownership to a purchaser and cooperate with the registration procedure, and the delivery date of such real estate shall be July 5, 20

Article 6 (Non-performance of Obligations and Compensation for Damages) If a seller or a buyer has defaulted on any of the terms and conditions of this contract, the other party may notify in writing the person who has defaulted, and rescind the contract.

In addition, the parties to the contract may claim damages from the other party due to the cancellation of the contract, and the contract deposit shall be considered as compensation for damages, unless otherwise agreed.

(2) A seller shall submit a written consent to the use of land related to real estate at the same time as a sales contract is concluded.

(3) A purchaser;

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