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(영문) 서울고등법원 2020.12.18 2020나2009365
가등기말소
Text

1. The part against the plaintiff (Counterclaim defendant) among the part concerning the counterclaim of the judgment of the court of first instance shall be revoked, and the revoked part shall be revoked.

Reasons

1. Basic facts

A. On October 20, 2016, the Plaintiff and the Defendant entered into the instant sales contract with respect to each real estate listed in the separate sheet of real estate (hereinafter referred to as “AX Plaintiff’s share”, the Plaintiff’s share, and the Plaintiff’s share, which became the subject matter of the sale, are 32.79/50.58. The real estate listed in paragraph (2) is “F”, “AY”, “The Plaintiff’s share,” and “the Plaintiff’s share,” and “the Plaintiff’s ownership, which became the subject matter of the sale.” The real estate listed in paragraphs 5 through 37 are “the Plaintiff’s ownership,” and the real estate listed in the separate sheet of real estate (hereinafter referred to as “instant real estate”). In addition, the sales contract was concluded as follows:

(hereinafter “instant sales contract”). The sales amount of the subject matter of sale for the purpose of this contract under Article 2 shall be KRW 2,500,000,000, and the method of payment shall be as stipulated in Article 3.

Article 3 (1) Payment of the purchase-price (1) Payment between the Plaintiff and the Defendant is the down payment of KRW 100,000,000 which was made under a contract dated July 11, 2016 between the Plaintiff and the Defendant.

(2) The Defendant shall pay the Plaintiff KRW 150,000,000 as the first intermediate payment on October 20, 2016, KRW 150,000 as the second intermediate payment, KRW 150,000 as the second intermediate payment on December 23, 2016, KRW 10,000 as the third intermediate payment on February 28, 2017, KRW 10,000 as the third intermediate payment, and KRW 10,000,00 as the first intermediate payment on March 31, 2017, and the Plaintiff shall, at the same time, grant the Defendant a provisional registration on each subject matter subject to sale.

(3) The Plaintiff shall cancel the provisional attachment established on the subject matter of sale after receiving the intermediate payment under paragraph (2) from the Defendant until the remainder date.

(4) The Defendant shall pay directly to the bank any balance (C, principal 1,350,00,000) of the banks (hereinafter referred to as “the date of delivery of the subject matter”) to which the Plaintiff bears as security from the date on which the subject matter of sale was delivered (the date when the execution of the subject matter of sale was completed and the subject matter of sale was delivered actually; hereinafter “the date of delivery of the subject matter”).

(5) The defendant is against the plaintiff.

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