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(영문) 서울중앙지방법원 2018.09.14 2017가합573115
매매대금
Text

1. Each principal claim against the Defendants by the Plaintiff (Counterclaim Defendant) and all the counterclaim claims by the Defendant (Counterclaim Plaintiff) C.

Reasons

A. As to the instant forest land, etc. on January 15, 2013, Q&A completed the registration of the establishment of a neighboring mortgage consisting of KRW 338 million with respect to the instant forest land, etc., Defendant C, and Q&D.

(hereinafter referred to as "second-class collateral security". e.

(1) On March 6, 2015, the Suwon District Court rendered a voluntary decision to commence the auction of the instant forest, etc. upon a request based on the right to collateral security by Qua Cooperatives (AI; hereinafter “the second voluntary auction”).

(2) On February 17, 2017, the Plaintiff entered into a sales contract with the Defendants on the share of 92/296 out of the forest land of this case with the purchase price of KRW 1,65,00,000, and the special terms and conditions are as follows.

(hereinafter “Second Sales Contract”) .1. 50/296 of the buyer’s equity interest in Defendant B (one million won each);

2. The purchaser’s share 14/296 (the purchase price shall be 2.520,000 won).

3. 14/296 of the purchaser’s shares in Defendant D (2.520,000 won each price)

4. Buyer E-shares 14/296 (Ch. 2.520,00 won)* Since this real estate is currently in progress at auction, it shall be disposed of after the auction is revoked.

3) On the other hand, on February 17, 2017, G prepared a sales contract with the Defendants on which the date of the sales contract and the shares in purchase were modified as listed below with respect to each sales contract listed in the No. 11 through No. 14 of the first sales contract. On February 17, 2017, G filed an application for cancellation of the auction order with Defendant B (29/269), Defendant C, D, E (11/278, respectively), and E (10,980,00 AG 20 on February 17, 2017, G filed an application for cancellation of the auction order on February 17, 2017, G (29/269), Defendant C, D, E (11/269, respectively), 11,160, 000 AH on July 17, 2017, Defendant B, 2031/301, 2031/3181/316).

5 In accordance with the 2nd sale contract, on February 28, 2017, and Defendant B on the share of 50/296 out of the forest of this case.

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