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(영문) 서울중앙지방법원 2019.09.03 2019가합888
양수금 청구의 소
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The Defendant’s permission to dispose of the Defendant’s fundamental property is a corporation established for the purpose of promoting science and technology education pursuant to the Act on the Establishment and Operation of Public Interest Corporations. 2) On April 15, 1997, the Defendant filed an application with the superintendent of the Seoul Special Metropolitan City Office of Education, which is the basic property of the Defendant, for permission to dispose of C forest land 18,557 square meters, D forest land 269 square meters, E forest land 5,041 square meters, F forest land 31,736 square meters, G previous 15,50 square meters, 615 square meters, and 810 square meters prior to H prior to I (hereinafter collectively referred to as “the instant disposal permission”).

1. The term of validity of the above permitted matters shall be six months from the date of permission (til November 2, 1997).

② The above permission is based on the premise that the sum of the appraised value of the real estate permitted to dispose of the instant real estate is at least KRW 2,296,947,200 (the purchaser succeeds to the attached money and other debts related to the real estate permitted to dispose of the instant real estate) with the sale price of the real estate permitted to dispose of the instant real estate, and that at least KRW 3,189,475,200 is secured by the Defendant with respect to the remainder of fundamental property other than the pertinent permission for disposal of the real estate.

③ Contract documents related to the above permitted matters shall be deemed to be the Seodaemun-gu Seoul Metropolitan Office of Education (hereinafter referred to as the “Seo-gu Office of Education”), which is the supervisory authority, and the head of the district office of education shall be deemed to be valid only the contract documents on which the seal of the defendant corporation and the official seal of the Office of Education are affixed

3) On May 2, 1997, the superintendent of the Seoul Special Metropolitan City Office of Education permitted a disposition on the following terms and conditions (hereinafter “instant disposition permission”).

B. B. The Defendant entered into a sales contract with the J (hereinafter “J”) on July 10, 1997 to sell the instant real estate for KRW 2,300,000,000 in accordance with the terms and conditions of the instant disposal permission, and the J under said contract.

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