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(영문) 창원지방법원마산지원 2020.06.24 2018가합336
매매잔대금
Text

1. The Defendant’s KRW 199,808,050 among the Plaintiff and KRW 154,560,360 among the Plaintiff, shall be KRW 45,247,690 from December 19, 2018.

Reasons

1. Basic facts

A. On June 17, 2015, the Plaintiff and the Defendant concluded a sales contract (hereinafter “instant sales contract”) with the Defendant to sell the pertinent building E (hereinafter “each of the instant stores”) located on the ground of Changwon-si, Changwon-si, the Plaintiff and Changwon-si, the Plaintiff owned by the Plaintiff, divided into E (1738.58 square meters) and registered on July 11, 2017, which was after the instant sales contract, into E (1096.54 square meters), E (1), and H (642.04 square meters), and H (1-1), and F (hereinafter “instant sales contract”). The Defendant paid the price to the Plaintiff KRW 150 million as down payment.

B. On June 23, 2015, the Plaintiff completed the registration of ownership transfer for each of the instant shopping districts to the Defendant on the grounds of sale, and around that time, transferred the instant shopping district to the Defendant.

C. The Defendant’s payment of the purchase price of this case 1) The Defendant Company G on the same day (hereinafter “G”).

) Each of the instant shopping districts was loaned KRW 1.4 billion as security. A sales contract (No. 3; hereinafter “three billion won sales contract”) that was submitted by the Defendant when he/she applied for a loan to G is deemed to be a sales contract that was submitted by the Defendant.

The sales price of this case is KRW 3 billion (= KRW 2.9 billion for E-ho commercial building) and the name and seal of each of the original Defendant are affixed at the bottom of the sale price. (2) The Defendant paid KRW 1,287,122,781 to the Plaintiff I Association (hereinafter “I Association”) in lieu of the payment of the purchase price, and cancelled the registration of the establishment of a mortgage and the decision of voluntary auction on the establishment of a mortgage of the I Association, which was completed in each of the above commercial buildings. The Defendant paid KRW 1.4 billion for the loan amounting to KRW 1.4 billion for the Plaintiff’s I Association (hereinafter “I Association”). The registration of the establishment of a mortgage and the decision of voluntary auction on the establishment of a mortgage of the I Association, which was completed in each of the above commercial buildings at the time of the sale contract of this case, = KRW 64,127,500, 42,983, 230, property tax

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