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(영문) 광주고등법원(전주) 2019.04.18 2018나10789
매매대금반환
Text

1. Of the judgment of the court of first instance, the part against the plaintiff corresponding to the subsequent order of payment shall be revoked.

Defendant.

Reasons

1. Basic facts

A. On March 11, 2013, at the request of the Plaintiff and Defendant B, the Plaintiff entered into a sales contract with AE Company 1) land D and its ground buildings (hereinafter collectively referred to as “instant real estate”) with the Seoul District Court prior to the ownership of Defendant B to the Seoul District Court prior to the ownership of Defendant B.

AG Specialized Company (hereinafter “Special Purpose Company”) was reported to the transferee of the claim of AE Company on July 17, 2013.

[2] On March 26, 2014, the Plaintiff prepared a sales contract with the following content: (a) the instant real estate, which had been conducting an auction to Defendant B, is to purchase KRW 2.2 billion (hereinafter “instant sales contract”); and (b) the Plaintiff, on March 26, 2014, entered into a sales contract.

Real estate sales contract

2. The intermediate payment with no down payment of KRW 2.2 billion in the contents of the instant sales contract is KRW 20 million until April 20, 2014, and KRW 1.65 million until April 25, 2014, the remainder payment of KRW 350 million until April 25, 2014 is paid up to April 30, 2014) the Plaintiff paid Defendant B with respect to the performance of the instant sales contract, and with respect to the succession of obligations and cash payment confirmation (hereinafter “written confirmation”) as follows.

A) On April 21, 2014, a notarial deed and a written statement of performance were prepared and issued on April 21, 2014. A written confirmation (Evidence No. 1) (Evidence No. 1): A special purpose company (Evidence No. 1): KRW 1.4770,000,000,000,000,000,000 won for the securitization assets, U: 165,000,000,000 won for the former city, respectively: A notarial deed shall be prepared to pay KRW 350,500,000 by July 10, 2014. A creditor (defendant B) of the notarial deed (Evidence No. 2) shall promise the debtor (Plaintiff) to lend to the debtor on April 9, 2014, and the debtor shall submit a written statement of performance as follows with respect to the execution of the provisional registration No. 350,7, 2014.

1. In any case, principal registration shall be made by April 30, 2014 as a sales contract.

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