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(영문) 서울중앙지방법원 2016.01.08 2013가합56018
매매대금
Text

1. The Defendants are jointly and severally liable to the Plaintiff for 850,000,000 won and each year from February 23, 2008 to January 8, 2016.

Reasons

1. Basic facts

A. Gangnam-gu Seoul and four lot owners including the Plaintiff (hereinafter “instant props”) implemented the project to newly build and sell E-Ba (hereinafter “instant lending”) on the ground.

B. On November 19, 2004, the props of this case completed the registration of ownership preservation for 16 households of the loan of this case, and completed the registration of ownership transfer based on trust in Korea Land Trust Co., Ltd. (hereinafter “Co., Ltd.”) from the time when the second is named.

C. On August 14, 2007, the Plaintiff and the Defendants drafted a sales contract with the following contents.

The seller: The plaintiff, the buyer, and the joint and several sureties : The sale price for the defendant's real estate 202, non-dong 202: 1.25 billion won (the contract price of KRW 750 million shall be August 14, 2007; the intermediate payment of KRW 200 million shall be paid on August 31, 2007; and the remainder of KRW 300 million shall be paid on September 5, 2007) shall receive the down payment from the buyer; the seller shall take the procedure for the transfer of ownership of the real estate; and the real estate shall be clarified and handed over to the buyer.

Special agreement - The buyer registers the ownership transfer of the goods prior to the completion of the payment for the purpose of the loan to the seller, so the buyer establishes a subordinated collateral security of KRW 500 million for the intermediate payment and the balance of the goods and the goods made up of security at the bank for the guarantee to the seller

- The buyer shall submit to the seller all of the purchase and sale provisional registration and principal registration documents before the payment of the intermediate payment and the balance is completed.

- At the time of completion of the intermediate payment and the balance payment, the seller shall return all of the trade provisional registration and principal registration documents submitted by the buyer to the buyer and shall provide the buyer with the documents terminating the establishment of the collateral security subordinated.

On February 21, 2008, the Korea Land Trust Co., Ltd. entered into a sales contract on February 21, 2008 with the content that the land trust will sell 202 B B B B B B B-dong price of KRW 900 million, and based on this, the loan of this case.

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