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(영문) 의정부지방법원 2018.11.23 2017나4530
계약금 등 반환
Text

1. The plaintiff (Counterclaim defendant and the designated party)'s appeal is dismissed.

2. The costs of appeal are assessed against the Plaintiff-Counterclaim Defendant.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. On January 9, 2014, the deceased and the Defendant entered into a sales contract (hereinafter “instant sales contract”) with respect to E, E, E, 1,736 square meters and F, 40 square meters (hereinafter “instant real estate”). The main contents of the instant sales contract are as follows.

Sales price: 350,000,000 won (payment on January 9, 2014): The remainder of KRW 200,000,000 intermediate payment of KRW 50,000,000 (payment on January 9, 2014): 65,000,000 won (payment on January 9, 2014): The special agreement (payment on April 9, 2014)

1. The creation of a right to collateral security (50,000,000 won) shall be terminated when the down payment and the intermediate payment are received;

2. On or after April 9, 2014, the outstanding date of the transaction, the purchaser shall pay interest on the loan.

3.Any balance shall be paid upon the occurrence of the loan after the authorization or permission.

B. At the time of the instant purchase and sale contract, the establishment registration of the instant real estate was completed with the debtor, the mortgagee, the HH Livestock Cooperative (hereinafter “HF”), the maximum debt amount of KRW 260,000,000 (hereinafter “the instant mortgage”) and the registration of the establishment of the mortgage over the debtor, the mortgagee, the mortgagee, the maximum debt amount of KRW 50,000,000.

The principal of the secured claim against the instant mortgage was KRW 200,000,000.

C. On January 9, 2014, the deceased borrowed KRW 420,000,00 from K and L. The Defendant provided the instant real estate to K and L as collateral for KRW 420,00,000, and the registration of the establishment of a mortgage over KRW 420,000 on the same day for the instant real estate was completed.

On January 9, 2014, the network A paid the Defendant the sum of KRW 85,00,000 in down payment and intermediate payment, and the Defendant cancelled the registration of the establishment of a neighboring establishment of G that was established on the instant real estate.

E. Even after January 9, 2014, the Defendant paid interest on the secured debt of the instant right to collateral security to HF by October 2015, and the sum is 15.

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