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(영문) 부산지방법원 2018.12.05 2016가합1154
소유권이전등기절차이행
Text

1. The Defendant’s KRW 130,390,750 for the Plaintiff and 5% per annum from July 7, 2017 to December 5, 2018.

Reasons

1. Facts of recognition;

A. On November 26, 2007, the Defendant: (a) on the instant real estate Nos. 1 and 2, the Defendant completed the registration of ownership transfer on the instant real estate Nos. 3 and 4 on February 3, 2009; and (b) on the instant real estate Nos. 2, from around 2011, operated the “C”, a sanatorium for the aged; (c) on the instant real estate Nos. 1 and 2, a mortgage was established with respect to the instant real estate as a debtor D, a debtor D, and a science-based agricultural cooperative for the acquisition of the ownership of the instant real estate; and (d) on the instant real estate Nos. 3 and 4, the instant real estate, the maximum debt amount of which is KRW 39,00,000,000; and (e) on the said real estate as the debtor, the Defendant, the Defendant, and the Korea National Federation of Property (hereinafter “instant real estate”).

B. (1) On October 17, 2013, the Plaintiff purchased the instant real estate from the Defendant for KRW 730,000,000 from the purchase price to operate a sanatorium for the elderly, and agreed to substitute for the acceptance of the secured obligation of the instant right to collateral security (hereinafter “instant sales contract”) for the remainder of KRW 670,000,000, and the remainder of the down payment is KRW 670,000,000, and KRW 410,000,000, out of the remainder (hereinafter “the instant sales contract”).

The main contents of the above sales contract are to pay the sales price as follows by agreement between the seller and the buyer with respect to the sale of the real estate in this case. 60,000,000 won of the down payment is to be paid in October 17, 2013. Any balance of 260,000,000 won shall be paid in December 31, 2013.

In addition, the parties to the contract may claim damages from the other party according to the termination of contract.

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