(영문) 제주지방법원 2017.09.22 2016가단58033

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(영문) 제주지방법원 2017.09.22 2016가단58033

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1. At the same time, the Plaintiff received KRW 459,375,030 from the Plaintiff:

A. Defendant B is listed in the separate sheet.

Reasons

1. Determination as to the cause of claim

A. The facts of recognition 1) A is undergoing the rehabilitation procedure under the Jeju District Court 2012 group 5, and is called the Plaintiff without distinguishing between A and the Plaintiff (hereinafter referred to as “A”).

(2) The real estate indicated in the attached list (hereinafter “instant land”) was owned by the Plaintiff, and on that ground there was 330 square meters of the light-fluorial glars, glars, the Plaintiff’s wife, and 330 square meters of a single-story warehouse (hereinafter “instant building”).

3) On April 14, 2015, the Plaintiff appears to have led the Defendants to enter into a sales contract on April 14, 2015 (the Defendant’s husband and wife appears to have led to the conclusion of the sales contract, but

(2) The instant land is subject to a contract for sale of KRW 480,000 and KRW 20,000,000 for the instant building (hereinafter “instant contract”).

(B) A sales contract was made on April 14, 2015 (However, there was a sales contract made on April 14, 2015, but the sales contract was made on July 15, 2015, wherein more details were specified.

(2) The main contents of the instant contract are as follows. Article 2 (Rights Relations and Transfer of Rights) (2) In the event that there is any right to restrict the exercise of ownership on the subject matter of this case, or any unpaid tax, public charges, or other charges, a seller shall, with the permission of the rehabilitation court, remove the defects and burdens of such right and transfer the full ownership of the purchaser. (5) In the event that a purchaser provides the subject matter of this case as security and pays the proceeds of a loan from a financial institution, the seller shall obtain the permission of the rehabilitation court. In this case, the procedures for the transfer registration of ownership on the subject matter of this case, the procedures for the establishment registration of mortgage on the seller’s rehabilitation claims with a loan from a financial institution, and the repayment of rehabilitation claims, the seller and the buyer may rescind the instant contract:

(3) The buyer shall have title to the subject matter of this case.

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