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(영문) 광주지방법원 2014.05.15 2013가합56572
매매대금
Text

1. The Plaintiff:

A. As to the 3/11 shares of each real estate listed in the separate sheet from the Plaintiff, Defendant B shall make November 2003.

Reasons

1. Basic facts

A. The Plaintiff is the owner of each real estate listed in the separate sheet (hereinafter “instant real estate”) and the Plaintiff is the owner of each real estate listed in the separate sheet, as indicated in the attached sheet 1 and 1.

2. On February 20, 2002 with respect to each real estate, the joint establishment registration of a mortgage of the Plaintiff, the Korea Exchange Bank Co., Ltd. (hereinafter “Foreign Exchange Bank”), the maximum debt amount of KRW 130,000,000, as well as the joint establishment registration of a mortgage of each real estate, 3, in the attached list

4. On September 6, 2002, the joint establishment registration of a mortgage on each real estate was completed with the same content as a collateral security bank. On February 6, 2004, the joint establishment registration of a mortgage on each real estate of the instant real estate was completed on the grounds of the contract concluded on February 6, 2004 as of February 11, 2004, with the Plaintiff, the mortgagee H, G, I, J, Defendant B, the maximum debt amount of KRW 350,000.

B. Defendant B’s relation is denied by the deceased on June 24, 2008 (hereinafter “the deceased”). Defendant C is the deceased and Defendant B (hereinafter “Defendant C, etc.”)’s children, and Defendant D, E, and F (hereinafter “Defendant D, etc.”) is the deceased and G’s children.

C. (1) With respect to the instant real estate between the Plaintiff and the Deceased, a sales contract dated November 19, 2003 (hereinafter “instant sales contract”) was prepared as follows.

Article 1 In regard to the sale of the instant real estate, the seller and the buyer, by agreement, shall pay the purchase price as follows:

The purchase price of KRW 633,500,000 shall be paid at the time of the contract and the loan of KRW 200,000 shall be succeeded.

The intermediate payment of KRW 250 million shall be paid on February 9, 2004, and the balance of KRW 83,500,000 shall be paid on December 10, 2004.

Article 2 The seller shall deliver all documents necessary for the registration of transfer of ownership to the buyer simultaneously with the receipt of the balance of the purchase price, and shall cooperate with the registration procedure, and the delivery date of the above real estate shall be December 10, 2004.

Article 4. The above real estate.

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