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(영문) 전주지방법원 2019.12.19 2018가합4603
소유권말소등기
Text

1. As to KRW 245,00,000 among the Plaintiff-Counterclaim Plaintiff and KRW 5,000,000 among the Plaintiff-Counterclaim Plaintiff, the Plaintiff (Counterclaim Defendant) shall have on May 22, 2017.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. On January 5, 2017, the Plaintiff entered into a contract with the Defendant to sell KRW 50 million to the Defendant each of the real estate listed in C’s factory building and the attached list of real estate owned by the Plaintiff (hereinafter “each of the instant real estate”) in relation to the transfer of “C” operated by the Plaintiff to the Defendant.

(hereinafter “instant sales contract”). The main contents of the instant sales contract are as follows.

The KRW 50 million of the purchase price is paid at the time of the contract, and the KRW 1.3 million of the loan to be received at the time of the contract shall be paid at the time of the contract by the buyer on February 6, 2017.

Balance 200 million won [Matters under special agreement]

2. Any balance shall be paid as the date a purchaser generates a loan; and

3. Objects to be taken over by a purchaser: Land/building/Equipment/equipment (one forkicker's three tons, one scraper, one minculator, one minculator, one merculator, one merculator, compressed minculator, etc.).

4. Since the remainder is replaced by a bank loan, the seller’s registration of the transfer of the land and the building at the request of the buyer is at the time the seller so requests.

5. All outstanding amounts and oil related to C arising before January 1, 2017, and intangible debts, shall be held liable by C.

B. At the time of the instant sales contract, each of the instant real estates was set up in the name of the Plaintiff and the maximum debt amount, as joint collateral, D Co., Ltd. (hereinafter “D”).

C. By March 31, 2017, the Defendant paid to the Plaintiff a total of KRW 370 million out of the purchase price, and on February 27, 2017, the Plaintiff completed the registration of ownership transfer with respect to each of the instant real estate to the Defendant.

The plaintiff is the following among the letter of mutual performance prepared on May 1, 2017 by the defendant's representative E and the F, his/her spouse, when concluding a contract for transfer and acquisition with respect to the defendant (hereinafter "certificate of execution of this case").

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