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(영문) 서울중앙지방법원 2017.08.09 2016가단9368
청구이의
Text

1. Seoul Central District Court Decision 2012Da320890 decided February 14, 2014, and Seoul Central District Court Decision 2012Ga320890 decided February 14, 2014.

Reasons

Basic Facts

The status of related persons, eM&D Co., Ltd. (hereinafter referred to as eM&D) is a company that constructs and sells “C” officetels buildings (hereinafter referred to as “instant building”) on the land of 27,612m3m2 in Yeongdeungpo-gu Seoul Metropolitan Government, Yeongdeungpo-gu, and the Korea Urban Development Corporation (hereinafter referred to as “Korea Urban Development Corporation”) is the Si Corporation.

The Korea Asset Trust Co., Ltd. (hereinafter referred to as the “Korea Asset Trust”) is a trustee who has been entrusted with real estate security by eM&D with respect to the new construction and sale business of the building of this case, and the Korea Asset Trust Bank (hereinafter referred to as the “Promotion Savings Bank”) is the first beneficiary of the secured trust.

D, on December 11, 2004, entered into a contract with IMN to purchase KRW 334,963,000 among the instant buildings in lots, including the conclusion of the instant sales contract and the payment of interest on intermediate payments, and the Plaintiff acquired the status of the buyer from D thereafter.

From the following day: The scheduled date of occupancy in the contract for sale in lots: 23 months after the commencement of the contract for sale in lots (the scheduled date of occupancy may be somewhat changed according to the process, and the accurate date may later be an individual notice key), the seller e-M&D refers to “A” and the buyer refers to “B” and the buyer refers to “B” for the development of the city in Korea of the construction in lots as follows:

Article 1 (Methods for Sales Price and Payment) A shall sell the above-mentioned real estate by the following methods, and B shall pay the corresponding amount to A:

The amount to be paid in installments, the down payment of KRW 16,748,00 at the first installment of the down payment, the second installment of KRW 16,748,00 on December 11, 2004, the first installment of KRW 33,496,000 on December 20, 2004, the second installment of KRW 33,496,000 on December 33, 2005, the second installment of KRW 33,496,000 on December 33, 2005, the third installment of KRW 33,496,000 on April 25, 2005, the fourth installment of KRW 33,496,000 on April 25, 2005, the second installment of KRW 5,496,000 on November 33, 2005, the remainder of KRW 1393,79,309,309).

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