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(영문) 부산지방법원 2014.12.26 2013가단72592
소유권말소등기
Text

1. The defendant,

A. On April 2, 2013, the Busan District Court received each real estate listed in the separate sheet No. 1 from the Plaintiff A.

Reasons

1. Basic facts

A. On March 27, 2013, Plaintiff A and B entered into a sales contract with the Defendant with regard to the Seo-gu 9th floor accommodation F (hereinafter “F”) on the following terms (hereinafter “instant sales contract”).

Article 1. The remainder of the purchase-price of KRW 2.548 million (exchange with each real estate listed in the attached list) KRW 2.67 billion (as of May 30, 2013), a national bank loan of KRW 950 million and a lease deposit of KRW 1.517 billion shall be succeeded by the buyer.

Article 2 (Transfer of Ownership) The seller shall, at the same time as the receipt of the balance of the purchase price, deliver all documents necessary for the registration of transfer of ownership to the buyer, cooperate with the registration procedure, and the delivery date of F shall be May 30, 2013.

be traded in the current state of the special agreement.

(A) The seller shall transfer his ownership to a person designated by the buyer. The buyer shall take over the bank loans and the obligation to refund the lease deposit in lieu of any balance.

(2.67 billion won) The buyer may change due to bank circumstances at the time of any balance, and the seller shall cooperate with him.

If the buyer is changed at the time of the remainder, he/she shall not request the defendant to return two commercial buildings paid as the said down payment.

The contract shall enter into force at the time of bank succession.

B. On April 2, 2013, Plaintiff A completed the registration of ownership transfer for each real estate listed in the attached Table 1 as a down payment under the instant sales contract with the Defendant, and Plaintiff A and B completed the registration of ownership transfer for each real estate listed in the attached Table 2, owned by Plaintiff C, as a down payment under the said sales contract, on March 28, 2013.

C. Meanwhile, the Defendant, at the time of the conclusion of the instant sales contract, concluded a sales contract between the Defendant and G on the ground that the sales contract was terminated against the Defendant and three other parties, including G, purchased F, with the Busan District Court 2013Gahap5216 (hereinafter “relevant case”).

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