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(영문) 서울중앙지방법원 2015.03.06 2014가단129534
공제금지급
Text

1. The Defendant’s KRW 97,865,934 as well as 5% per annum from August 26, 2014 to March 6, 2015 to the Plaintiff.

Reasons

1. Facts of recognition;

A. On October 13, 2010, the Plaintiff: (a) determined the purchase price of KRW 350 million (26 million on the date of the contract; (b) an intermediate payment of KRW 100 million on November 15, 2010; and (c) concluded a sales contract with respect to the multilateral industry (hereinafter “multi-family industry”) and the building on the land thereof (hereinafter “instant real estate”), which is owned by the Plaintiff; (b) as a broker of Pakistan, the Plaintiff: (c) concluded a sales contract with the Plaintiff for the purchase price of KRW 350 million; (d) the intermediate payment of KRW 24 million on November 15, 2010; and (e) the remainder of KRW 2.4 million on January 15, 2011; and (e) concluded a sales contract with the Plaintiff for the registration of establishment of a mortgage of KRW 585 million,000,000,000 in the name of the Pakistan Livestock Industry Cooperatives; and (e) concluded the down payment of the contract on the date.

B. At the time of the conclusion of the instant sales contract, multi-family industry requested the Plaintiff to complete the registration of ownership transfer of the instant real estate in the name of Hyundai Liber Co., Ltd. (hereinafter referred to as the “NGT”), which is a trader in the instant multi-family industry, prior to the completion of the registration of ownership transfer of the instant real estate. B did not incur any loss to the Plaintiff because, even if the establishment of the right to collateral security under the name of Hyundai FGE has no problem with the capacity to pay funds for the multi-family industry, it would be possible for the Plaintiff to pay the purchase price rapidly. If the issue arises due to the remainder payment or the right to collateral security under the name of Hyundai FGE, one hundred million won should be paid to the Plaintiff. B as the lessee before the establishment of the right to collateral security under the name of Hyundai FGE, and if the instant real estate is sold at auction, the lease deposit amount shall be preferentially paid to the Plaintiff.

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