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1. The instant lawsuit shall be dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. On January 10, 2017, the Plaintiff entered into a sales contract as follows (hereinafter “instant sales contract”) with the real estate listed in the [Attachment 1] List (hereinafter “instant real estate”) and factory facility fixtures.
▣ 이 사건 매매계약 제1조 위 부동산의 매매대금을 매수인은 중개업자 입회하에 아래와 같이 지불한다.
KRW 1,000,000,000 for the purchase price of KRW 1,000,000 for the down payment ( KRW 100,000 for the contract) shall be paid at the time of the contract and the intermediate payment of KRW 100,000 for the receipt ( KRW 100,000) shall be paid on January 10, 2017.
The balance shall be paid on January 31, 2017, 200 million won ( 120,000,000).
Article 2 Upon receiving any balance of the purchase price, the seller shall deliver all documents necessary for the registration of transfer of ownership to the purchaser, cooperate in the registration procedure, and deliver the said real estate on January 31, 2017.
Special Agreement Matters:
1. At present, one bank is set at KRW 636,00,000, and Or Savings Bank KRW 299,000,000. 2. The obligations of Han Bank and Or Savings Bank are responsible and arranged by the seller.
3. The total debt of 680 million is recognized as any balance.
4. The whole equipment of the factory shall be included, and the buyer A (person) of the attached Form B (person) shall be included.
B. According to the instant sales contract, the Plaintiff paid B the down payment of KRW 100,000,000 and intermediate payment of KRW 100,000,000 on January 10, 2017, and paid the remainder of KRW 120,000,000 on January 24, 2017.
C. On the other hand, on August 21, 2017, B was declared bankrupt by Seoul Rehabilitation Court No. 2017Hadan3346, and attorneys C was appointed as bankruptcy trustee.
[Ground of recognition] The fact that there is no dispute, entry of Gap's 1 through 8 (including tentative number), the purport of whole pleading
2. The gist of the Plaintiff’s assertion was that the Plaintiff fulfilled all the obligations under the instant sales contract, and the Defendant implements the registration procedure for ownership transfer on the instant real estate on January 10, 2017 to the Plaintiff.