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(영문) 수원지방법원안양지원 2015.08.19 2014가단20231
소유권이전등기
Text

1. The defendant shall receive KRW 2,028,500,000 from the plaintiff, and at the same time real estate stated in the attached list to the plaintiff.

Reasons

1. The following facts may be found either in dispute between the parties or in combination with the purport of the entire pleadings as stated in Gap evidence Nos. 1 to 10, 13, 15, 16, 18, and Eul evidence No. 2 (including paper numbers):

1) On June 4, 2013, the Plaintiff and the Defendant paid the sales contract and the Plaintiff’s down payment 1) between the Defendant and the Defendant, and between the Defendant and the E Building No. 101 (hereinafter “101”) located in Ansan-si (hereinafter “Defendant No. 101”).

[Attachment 1] and 102 (Attachment 102; hereinafter referred to as “102”) and jointly referred to in 101 and 102 as “each of the instant real estates”

2) The sales contract to purchase KRW 2.35 billion (hereinafter “instant sales contract”)

(2) The Defendant, on the day of the contract, prepared and issued a receipt to the Plaintiff that “the down payment was KRW 250 million, and the remainder amount was KRW 2.1 billion.” The Defendant received KRW 130 million from the Plaintiff and KRW 23895 million from the following day, and received KRW 1895 million from the Plaintiff as the down payment,” and “the Plaintiff received KRW 250 million as the down payment.”

3) At the time of the instant sales contract, there was a dispute over the settlement of the business partnership between the Defendant and F, and there was a provisional disposition in the name of F, a provisional disposition in each of the instant real estate, and a provisional disposition in the name of F was completed, and the registration of provisional seizure was in progress. As the special terms of the instant sales contract, the above provisional seizure, provisional disposition, and order were liable for and resolved by the Defendant, and accordingly, the remaining payment date of the instant sales contract was not determined. (B) After which part of the Plaintiff’s intermediate payment was made, the Defendant and F paid the F amount of KRW 140 million to F (the contract amount of KRW 40 million), and the Defendant paid the F amount of KRW 140 million (the balance, KRW 10 million), and F made a collective resolution on the said dispute (hereinafter “instant settlement agreement”).

2. However, the defendant shall be financed.

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