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(영문) 서울중앙지방법원 2019.04.09 2018가합532777
약정금
Text

1. The Defendant (Counterclaim Plaintiff) paid KRW 234,00,000 to the Plaintiff (Counterclaim Defendant) and its amount from March 13, 2018 to June 1, 2018.

Reasons

1. Facts of recognition;

A. The Plaintiff, a company engaged in non-performing loan trade, credit business, auction and public sale purchase business, etc., was a mortgagee or G with respect to the obligor as to the 3,384 square meters of forest E, and F forest land 272 square meters of forest land (hereinafter “the instant real estate”). The Seoul Northern Northern District Court Decision 6683, Oct. 19, 201, concluded as the Seoul Northern District Court No. 66683, Jun. 19, 201 with the maximum debt amount of KRW 1,430,000,000 as the No. 17188, Mar. 22, 2012 with the same registry office, the secured debt amount of KRW 130,000,000, the secured debt amount of KRW 57606, Sept. 5, 2012, which was completed by the same registry office as the maximum debt amount of KRW 156,000,000.

B. On December 15, 2016, the voluntary auction was initiated with the Seoul Northern District Court H on the instant real estate (hereinafter “instant voluntary auction procedure”), and on November 10, 2017, the Plaintiff entered into a contract with the Defendant on the instant real estate with the following terms:

(hereinafter “instant contract”). (1) On January 1, 200, the Plaintiff’s collateral security transfer proceeds of the instant real estate owned by the Plaintiff amounting to KRW 2,00,000 shall be transferred to the Defendant.

2. The Defendant shall pay 50,000,000 won to the Plaintiff on the day of the contract as the down payment for the above contract for the transfer and takeover of the right to collateral security.

3. The Defendant shall participate in the bid on November 20, 2017 at least 3,500,000 won as of November 20, 2017, the bidding date in Seoul Northern District Court H case where the Plaintiff filed an application for voluntary auction on the instant real estate.

4. If the defendant receives a successful bid as the highest price in the above auction case, 234,00,000 won shall be paid within seven business days after the date of distribution, separate from the dividend received from the court.

5. If the Defendant bid the above auction case, but the third party is not awarded the bid price, the contract deposit amount of KRW 50,000,000 shall be refunded to the Plaintiff within seven business days.

C. The Defendant, on November 10, 2017, shall be the Plaintiff.

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