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(영문) 서울중앙지방법원 2014.08.21 2014가합20283
계약금반환
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On December 20, 2013, the Defendant, who was entrusted with the real estate listed in the separate sheet (hereinafter “instant real estate”) by Han Jin case Co., Ltd. and B, announced a public auction (tender) on the instant real estate. The main contents of the said public auction notification are as follows.

1. Article 10(1) of the Building Act provides that all the expenses related to the auction (land and buildings) shall be borne by the purchaser, such as lien and other limitation of rights, liability for delivery, and unpaid management expenses for the subject matter of the sale of the building that has not been approved for use under the Building Act. (1) If the bidder complies with the auction, the bid shall be deemed to have complied with all the matters necessary for the bid, such as the notice of public auction, the bid bond, the sales contract and the contract terms and conditions of the contract, etc., and shall be understood to the

(2) us is not held responsible for the public records of goods subject to public auction, cadastral injury defects or administrative regulations or differences in the quantity, etc., and under the responsibility of the bidder, the time of confirmation of the goods through the inspection of public records, on-site answers, etc.

In addition, matters related to the acquisition of ownership and disposal such as various authorizations should be confirmed to the related laws and agencies on the responsibility of the purchaser.

(3) The accurate status of goods subject to a public auction and various restrictions on rights (right of retention, lease, seizure, provisional seizure, etc.) shall be borne by a purchaser, and no objection shall be raised to the seller.

(4) The disposal, such as surrenderance (Lessee, superficiary, person having superficies, person having chonsegwon, lien, etc.), limited real rights, etc. (right mortgages, superficies, chonsegwon, provisional seizure, provisional disposition, illegal possession, etc.) of objects subject to public auction shall be conducted by the purchaser and the seller shall bear the conditions that the seller shall not be responsible.

B. The Defendant set the minimum estimated sale price of the instant real estate as KRW 20,553,400,000 on December 27, 2013.

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