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(영문) 서울중앙지방법원 2019.06.26 2018가합525717
가등기에기한본등기절차이행
Text

1. The defendant is the head of Suwon District Court with respect to each real estate listed in the attached Table 1 list to the plaintiff.

Reasons

1. Basic facts

A. 1) A Co., Ltd. (hereinafter “C”) (hereinafter “C”), including the instant sales contract and pre-sale agreement;

C changed its trade name to D Co., Ltd on October 11, 2011.

A) On July 30, 2009, between the Defendant and the Defendant, the real estate listed in the attached Table 2, owned by the Defendant (hereinafter “instant multi-family housing”) is classified as “multi-family housing.”

(1) The sales contract for the purchase price of KRW 1,150,000 (Contract Amounting to KRW 180,000,000,000; and the balance amounting to KRW 970,00,000,000; and part of the remainder is that C succeeds to the secured obligation of the right to collateral security established on the instant real property and succeeds to the payment of the remainder (hereinafter “instant sales contract”).

AB concluded the agreement.

The main contents of the instant sales contract are as follows.

In the sale of real estate in Article 2, the buyer shall pay the purchase price of KRW 1150 million as follows:

(b)a down payment of KRW 180 million shall be paid at the time of the contract and the balance of KRW 970 million shall be paid in the presence of the opening on September 10, 2009. The seller of Article 4 shall pay in the presence of the opening on September 10, 2009 the debts and taxes related to the instant real estate as of the date of the remainder payment.

b. Article 8 (Special Agreement) The seller shall reimburse the seller for the amount of the down payment at the time of the down payment, and the buyer shall not claim the return of the down payment at the time of the down payment (special agreement)

1. Loans shall be succeeded by a buyer;

3. The provisional registration of the real estate in this case shall be cancelled at the time of transfer of ownership;

2) C pays the Defendant the down payment of KRW 180,00,000 to the day of the conclusion of the instant sales contract, and in order to secure the payment of the down payment to be paid to the Defendant when the Defendant concludes the instant sales contract, and the total sum of the penalty equivalent to the same amount as the down payment to be paid when the Defendant concludes the instant sales contract, in order to secure the payment of KRW 360,000,000,000, in the name of another company of which E, a representative director, concurrently held office as the representative director, between the Defendant and the Plaintiff, and one half

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