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(영문) 수원지방법원안양지원 2016.03.24 2015가합100117
근저당권말소
Text

1. As to each real estate listed in the attached list to the Plaintiff, the Defendant shall have the Suwon District Court's Sung-nam Branch Office.

Reasons

1. Basic facts

A. On July 10, 2013, the Plaintiff and the Plaintiff (hereinafter “B”) exchanged real estate owned by their respective representatives with the Defendant and entered into a separate sales contract (hereinafter “each of the instant sales contracts”) as follows, and agreed on the payment of the price.

1) The Plaintiff’s real estate listed in the separate sheet from the Defendant (hereinafter “each of the instant real estate”).

A) B. A. B.C. purchase by setting the total amount of KRW 2.85 million. Of them, in lieu of payment of KRW 1.5 million, the Defendant’s obligation to loans to our bank, i.e., the Defendant secured each real estate listed in paragraphs 1, 2, and 3 of the [Attachment] list, taking over KRW 1.55 billion, and ethyl Co., Ltd., Ltd., as to each of the above real estate (hereinafter “HE”)

) Under a lease agreement with the Defendant, the Defendant succeeds to the lessor’s status [the Plaintiff and the Defendant respectively prepare the so-called “the so-called “A” contract with the total amount of KRW 2.15 million, including the real estate of KRW 2.1395 million as stated in the [Attachment 1, 2, and 3] list, and KRW 105 million as stated in paragraph 4 of the same list, including the real estate of KRW 105 million as stated in the same list.

[2] The Defendant purchased from the Plaintiff the land of Pyeongtaek-si C, 446.3 square meters (hereinafter “C land”) and from B the above land building (hereinafter “C building”) in total amount of KRW 1.3 billion.

[3] The Plaintiff and the Defendant: (a) the Plaintiff and the Defendant, as well as B, prepare the so-called multi-use contract in which the purchase price is KRW 1,05 million in total, including KRW 70 million in C’s land and KRW 350 million in building C; (b) the Plaintiff and B received from the Defendant the exchange difference of KRW 45 million in the multi-use contract; and (c) the Plaintiff and the Defendant shall return the purchase price to the Defendant in cash by the due date determined by the Defendant. The Defendant on July 19, 2013, from KRW 70 million in the multi-use contract with respect to land C, KRW 60 million in the remaining purchase price under the multi-use contract with regard to each real estate listed in attached Tables 12 and 3 of the attached Tables (=2.15 billion in total); and (c) the Plaintiff on July 19, 2013;

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