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(영문) 전주지방법원 2017.01.18 2016가합1587
소유권말소등기
Text

1. The plaintiff's claims against the defendants are all dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

A. The Defendants concluded a sales contract with the intent to sell KRW 1.7 billion to the Defendants

(hereinafter “The first sale contract”). The payment method of the purchase price determined to pay each of the 170 million won of the down payment on August 26, 2014, and the remainder 1.53 billion won of the remainder on August 29, 2014.

B. Defendant B, based on the instant sales contract on August 29, 2014, based on the first sale and purchase agreement, received a loan as security and paid KRW 986,452,000 to the Plaintiff as the remainder, and Defendant C remitted KRW 33,550,000 to the Plaintiff on September 1, 2014.

C. On August 29, 2014, the Plaintiff completed the registration of ownership transfer in the name of each of the Defendants with respect to the instant real estate. D.

On September 6, 2014, the Plaintiff entered into the second sales contract of this case, which added the following special terms and conditions (hereinafter “instant special terms and conditions”) based on the first sales contract of this case.

* The Defendants, who are the buyers, succeed to (1) 1, 3, 80,000 won of the deposit of 6th class, shall be the buyer.

(2) The details of payment of purchase price plus payment (as of September 4, 2014) are as follows: (a) a summary of the amount fixed on the date of August 29, 2014 (as of September 4, 2014) and KRW 986,452,00,000, deposit money of KRW 80,000 on August 29, 2014; (b) a seal transfer of KRW 400,000,000 on September 33, 20,550 on September 1, 2014; (c) a seal transfer of KRW 160,00,000 on September 10, 204; and (d) a seal transfer of KRW 10,000 on September 30, 200; (d) a seller of KRW 10,000 on August 19, 205; and (e) a promissory note transfer without consideration.

Provided, That if the purchaser pays 400 million won of a promissory note before the due date, the seller shall pay the monthly rent of 400 million won of the promissory note only at the market interest rate, and he/she shall engage in his/her business as before August 29, 2017.

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