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(영문) 서울고등법원 2015.03.12 2014나42907
소유권이전등기인수
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

1. Facts of recognition;

A. On October 10, 2010, the Plaintiff leased the lease deposit amount of KRW 270,000,000,000 from November 29, 201 to November 28, 2012, the Plaintiff owned by the Plaintiff (hereinafter “instant apartment”) to the Defendant, respectively, by setting the lease deposit amount of KRW 71,70,000,000,000 and the period from November 29, 2010 to the Defendant. At that time, the Plaintiff was fully paid the lease deposit by the Defendant.

(hereinafter “instant lease agreement”). B.

After that, on April 23, 2012, the Plaintiff sold the instant apartment in KRW 865 million to the Defendant, and the Plaintiff and the Defendant agreed to pay the remainder of KRW 100 million (on April 23, 2012, the payment date) and the intermediate payment of KRW 170 million (on July 31, 2012, the payment date) with the aforementioned lease deposit that the Defendant paid. In lieu of the payment of the down payment amount of KRW 100 million (on July 29, 2012, the payment date), two collateral collateral obligations (limited to interest life, the amount of actual debt of KRW 337 million, and KRW 258 million) with respect to interesting life, the apartment of this case was established on the instant apartment (hereinafter “interest life,”) in lieu of the payment of the remainder of KRW 595 million (on November 29, 2012, the payment date) by the Defendant’s acceptance of the Defendant.

(hereinafter “instant sales contract”). C.

In addition, the plaintiff and the defendant concluded the sales contract of this case and entered into the sales contract of this case, and the expenses incurred in relation to interest and redemption expenses incurred from March 1, 2012 to the date of repayment of the debt, are borne by the defendant (paragraph (5)), and the defendant, the purchaser of this case, if the defendant, who is the purchaser, fails to implement the registration procedure for transfer of ownership of the apartment of this case by the due date of the remainder payment, the defendant waives the down payment and the intermediate payment (paragraph (10) and (3) the auction procedure of the apartment of this case is conducted for any other reason than the auction by interest and the third party's purchase by the defendant. In this case, the sales contract of this case may be terminated only where the auction procedure of this case is conducted, or where there is a third party's purchase by the defendant.

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