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(영문) 서울남부지방법원 2016.06.09 2015가합3885
매매대금등
Text

1. The Plaintiff (Counterclaim Defendant) against the Defendant (Counterclaim Plaintiff)

(a) Of the buildings listed in the separate sheet, parts of the ground floor, the first floor, and the third floor.

Reasons

1. Basic facts

A. On January 11, 2007, the Plaintiff and the Defendant sold the instant building owned by the Plaintiff to the Defendant for KRW 500 million, and the Defendant entered into a sales contract with the following terms: (a) immediately after entering into a contract, the Defendant entered into an auction and provisional attachment registration for the instant real estate at the same time: (b) upon cancelling the auction and provisional attachment registration for the instant real estate, the remainder of KRW 420 million and the remainder of KRW 420 million shall be paid simultaneously with the ownership transfer registration for the instant real estate.

(hereinafter “instant sales contract”). B.

1) At the time of the instant sales contract, the Plaintiff is the National Agricultural Cooperative Federation (hereinafter “Agricultural Cooperative Federation”) as security for the instant building.

(2) The loan obligations of a total amount of KRW 280 million (hereinafter referred to as “instant loan obligations”) with each of the loans granted from the Ministry of Commerce, Industry and Energy and the Ministry of Commerce, Industry and Energy.

(2) At the time of the instant sales contract, the Plaintiff and the Defendant assumed the Plaintiff’s above loan obligations and deducted the Defendant from the balance of the instant sales contract the amount of KRW 280,00,000,000,000,000 from the balance of the instant sales contract, giving priority to the payment of the loan obligations after completing the registration of ownership transfer as to the instant building. (2) At the time of the instant sales contract, the Plaintiff leased three of the second floor of the instant building to C a monthly rent of KRW 2,00,000,000,000,000,000 monthly rent of KRW 2,330,000,000,000,000 from the second floor of the instant building. However, the Plaintiff and the Defendant agreed to take over the Defendant’s obligation to return each of the above security deposit against C and D, and deducted the security deposit from the balance of each of the instant sales contract.

(A) Around November 2007 and September 2008, the Defendant returned each of the above lease deposits to each of the above lessees. On the other hand, the Plaintiff was from the third floor of the instant building.

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