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(영문) 수원지방법원안양지원 2015.11.05 2014가합5697
전부금
Text

1. The Defendant’s KRW 260,000,000 as well as 5% per annum from December 10, 2014 to November 5, 2015 to the Plaintiff.

Reasons

The recognition of facts C constructed a funeral hall (hereinafter “instant funeral hall”) on the E and F ground in the name of the Cheongju District Court, Cheongju District Court, and thereafter, the funeral hall of this case and its site were sold to a comprehensive mutual aid company (hereinafter “former comprehensive aid”) that was gathered in the course of voluntary auction commenced by Young-dong Branch G in Young-dong District Court, and the ownership of the funeral hall was transferred on July 16, 2012.

On March 20, 2013, the Defendant entered into a sales contract to purchase the funeral hall of this case and its site for KRW 1.8 billion with the comprehensive construction that was gathered on March 20, 2013, and received ownership transfer from the comprehensive construction that was gathered on March 27, 2013.

The Defendant, at the time of the conclusion of the above sales contract, agreed with C to assume the obligation of KRW 200 million in return for the receipt of the right to operate the funeral hall of this case and pay KRW 400 million in cash to C each month for the next eight years. On March 29, 2013, C as the obligee, H as the obligee, “the Defendant shall pay KRW 68 billion to H” on December 30, 2013; KRW 300 million shall be paid on March 30, 2014; KRW 288 billion shall be paid on the notarial deed as the obligee’s agent; KRW 88 billion shall be paid in installments each month from May 30, 2013 to April 30, 2021; and KRW 88 billion shall be paid in installments to H as the obligee’s agent; and KRW 88 billion shall be paid in installments on the same day as the date of repayment; and the Defendant shall be deemed as the obligee’s interest in the notarial deed.”

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