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(영문) 대전고등법원 2015.02.27 2014나10951
배당이의
Text

1. Revocation of the first instance judgment.

2. The case is about the auction to exercise the security right to D's real estate.

Reasons

1. Basic facts

A. On June 14, 2004, the plaintiff who entered into a sales contract for the forest land of this case between the plaintiff clan and E entered into a sales contract for the following contents (hereinafter "the sales contract of this case") with E, and received down payment KRW 300 million around that time.

Article 1 [Sales Price and Time of Payment] Article 6 [Cancellation of Contract] Article 6 [Cancellation of Contract] Until the buyer pays intermediate payment (if there is no agreement on intermediate payment), the seller shall repay the contract deposit in an amount equal to the amount of the contract deposit, and the buyer may also waive the contract deposit and rescind this contract. The buyer may rescind this contract by giving up the contract deposit.

(1) At the time of non-permission as an area subject to land transaction permission, both parties shall cancel the permission without any condition.

(2) Any balance shall be paid within ten days when permission for land transactions is granted.

(3) Permission for land transactions shall be filed within September 5, 2004.

The seller: The buyer of the plaintiff clan and 1 other

(b) An article site for the preparation of E’s official report and the remainder of the Plaintiff’s sales contract: The forest of this case

1. On June 14, 2004, the sales contract of this case that the seller and the purchaser of the above goods paid the down payment of KRW 300 million and pay the balance of KRW 2.5 billion shall be observed.

2. The seller establishes the right to collateral security and the buyer pays the amount of KRW 1 billion on September 20, 2004, and the amount of KRW 200 million on November 30, 2004, respectively, and the remainder of KRW 1.3 billion shall be paid at the time of transfer registration of ownership in the forest of this case.

3. The amount to be reported at the time of registration of transfer of ownership shall be two billion won; and

E1) On August 26, 2004, E means each of the following descriptions (hereinafter referred to as “each of the instant notes”).

(2) The Plaintiff’s clan is composed of the Daejeon District Court No. 88574, Aug. 27, 2004, the maximum debt amount of which is KRW 2 billion, the Defendant’s clan, and the Defendants of the right to collateral security.

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