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(영문) 서울고등법원 2019.06.05 2018나2049612
매매대금 등
Text

1. The part of the judgment of the court of first instance against the plaintiff, which orders payment below, shall be revoked.

The defendant.

Reasons

1. Basic facts

A. Article 2 (Sale Price) of the conclusion of the instant sales contract is KRW 1,000,000,000 (Won 1,080,000). The seller cancels all limited real rights, such as collateral security established on the instant land, right to claim ownership transfer, and registration of decision on commencement of sale.

In addition, the seller includes all the expenses such as costs of civil engineering works for the land, taxes and costs incurred in the completion of civil engineering works, and costs incurred in purchasing the buyer's right to permit construction.

Article 3 (Methods of Payment, etc.) (1) In lieu of the payment of the above purchase price, the buyer shall pay the loans and auction expenses, etc. (the maximum amount of 650,000,000 won) set forth on the land in the instant case, and shall first pay 180,000,000 won to the mortgagee E (the maximum amount of claims 300,000,000 won) to the mortgagee E (the highest amount of claims) and shall first proceed with the procedure for cancelling auction. 2) The buyer and the seller shall request the revocation of auction (the Suwon District Court F, G) in the case where the auction is in progress, after collecting documents necessary for cancelling the right to collateral from the above mortgagee and cancelling the auction (the seller and the buyer shall request the revocation of the auction (the auction) procedure).

3) After the auction procedure has been revoked, the seller transfers the current building permit (H and A) to the buyer, and the seller completes the civil construction work not later than October 31, 2010. 4) After completion of the civil construction work, the seller shall pay the seller any balance to the seller if any balance remains after deducting the amount of expenditure under the above-mentioned 1 from the purchase price, expenses for transfer and acquisition of the building permit, expenses for civil construction works, all expenses incurred due to completion of the civil construction works, the priority amount of the register No. 3-2, and expenses for certified judicial scrivener, etc.

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