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(영문) 서울동부지방법원 2014.03.18 2013가합105296
매매대금
Text

1. The Defendant: (a) KRW 110,00,000 for the Plaintiff and KRW 5% per annum from August 21, 2013 to October 2, 2013; and (b).

Reasons

1. Basic facts

A. On May 22, 2013, the Plaintiff and C sold 1/2 shares of each of the real estate listed in the separate sheet (hereinafter “instant real estate”) to the Defendant on KRW 3,370,000,000,000, the down payment of KRW 200,000 on the date of the contract, and the first intermediate payment of KRW 100,000,000 on June 15, 2013; the second intermediate payment of KRW 100,000 on June 30, 2013; the remainder of KRW 2,970,000,000 on August 20, 2013; and the obligation acquisition of KRW 2,970,00 on the assumption of the obligation of the Plaintiff at the same time as the Plaintiff’s share transfer (hereinafter “the remainder”).

B. From the Defendant, the Plaintiff received respectively payment of KRW 200,000,000 for down payment, KRW 100,000 for the intermediate payment, and KRW 100,000 for the intermediate payment, June 15, 2013, and KRW 100,000 for the intermediate payment, as of June 30, 2013.

C. On July 8, 2013, the Defendant acquired the secured debt of the maximum debt amount of KRW 3,000,000,000 with respect to the instant real estate, and of the right to collateral security established by the debtor and the National Federation of Korea (hereinafter “instant right to collateral security”). On the same day, with respect to the Plaintiff’s 1/2 share among the real estate listed in the attached Tables 1 and 2, the registration for the Plaintiff’s 1/2 share among the real estate listed in the attached Tables 1 and 2 was completed on June 12, 2013. As to the Plaintiff’s 1/2 share among the real estate listed in paragraph (3) of the attached Tables 3, 2013, the Defendant’s representative director D future.

On July 24, 2013, the Defendant paid C the balance of KRW 300,00,000,000 to C. Of the real estate listed in paragraphs 1 and 2 of the attached Table Nos. 1 and 2 of the same month, with respect to the share of KRW C-1/2 among the real estate listed in paragraph (3) of the attached Table No. 3 of the Real Estate List No. 30, June 12, 2013, the transfer registration was completed on July 29, 2013 for the share of KRW C-1/2 among the real estate listed in paragraph (3) of the attached Table No. 3 of the Real Estate

[Reasons for Recognition] Facts without dispute, Gap evidence 1-1, 2, 3, Gap evidence 2, Eul evidence 2, and all pleadings.

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