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(영문) 인천지방법원 2016.06.09 2015가단235222
매매대금반환
Text

1. The defendant shall accept the registration of the Incheon District Court on the real estate stated in the attached list from the plaintiff and April 12, 2013.

Reasons

1.The following facts of recognition may be found either in dispute between the parties or in each entry in Gap evidence 1 to 7 (including branch numbers), with a comprehensive view to the whole purport of the pleadings.

(1) On November 16, 2011, C, the Plaintiff’s spouse, is the real estate indicated in the separate sheet owned by the Defendant (hereinafter “instant real estate”) from D, the Defendant’s agent, around November 16, 201.

(2) At the time of the sales contract, C entered into a sales contract with the Defendant to purchase KRW 23,430,000,000 (the maximum amount of claim KRW 168,000,000) on the following grounds: (a) at the time of the contract; (b) on December 10, 2011, the second down payment of KRW 4.3 million was paid KRW 25 million on January 10, 201; and (c) on March 24, 2012, the remainder of KRW 60,000 on the outstanding payment of KRW 140,000 on the foreign exchange bank loans (the special terms of the sales contract in this case are as follows); (a) upon the buyer’s credit rating, the buyer is obligated to accept the loan; and (d) on the account of the change of the holder’s title and the additional payment of KRW 168,00,000 on the deposit and the additional payment of KRW 25,000 (1).7).

(C) The seller is a global Co., Ltd. (hereinafter referred to as “the global Co., Ltd.”) with the maximum debt amount of KRW 50,000,000 until the remainder of the contract.

The seller shall terminate the right to collateral security (paragraph 4) with the intention to terminate the provisional attachment (the claimed amount of KRW 115,963,631) of Bomi General Construction Co., Ltd. (hereinafter referred to as Bomi General Construction) until the remainder of the contract.

(The instant real estate was registered as a provisional attachment of KRW 115,963,631 as of November 8, 201, the date of the conclusion of the sales contract, and the claim amounting to KRW 115,963,631 as of November 8, 201). 3 The Plaintiff and C paid KRW 5 million to the Defendant on the date of the contract, and paid KRW 4,300,000 for the secondary down payment around December 9, 201, and around December 9, 2011.

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