(영문) 서울남부지방법원 2018.07.24 2017가단229127

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(영문) 서울남부지방법원 2018.07.24 2017가단229127

부당이득금

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1. The Defendants are jointly and severally liable to the Plaintiff for 32,00,000 won and the interest rate of 15% per annum from August 18, 2017 to the date of full payment.

Reasons

1. Basic facts

A. On June 10, 201, the Plaintiff as a party is the owner who completed the registration of ownership transfer with respect to D, 374.1 square meter and its ground Eel building (hereinafter “instant Eel real estate”).

B. (1) On June 30, 201, the Plaintiff, including the preparation of a sales contract between the Plaintiff and the Defendant, completed the registration of creation of a neighboring mortgage (hereinafter “mortgage of this case”) with respect to the instant EM real estate on June 30, 201, the Plaintiff, “the Plaintiff,” and “the maximum amount of claims KRW 1 billion,066,000,000,000.”

The secured obligation of the instant right to collateral security is KRW 820 million as of September 9, 2015.

(2) On September 9, 2015, the Plaintiff prepared a sales contract with Defendant B, stating that “the Plaintiff”, “the Defendant,” and “the sales price of KRW 1.2 billion shall be KRW 50 million, and the intermediate payment of KRW 330 million shall be paid within September 23, 2015, and the remainder payment of KRW 820 million shall be paid within October 30, 2015” (hereinafter the above sales contract is referred to as “instant sales contract”; and the said sales contract is referred to as “the instant sales contract”). The instant sales contract contains a special terms and conditions as follows.

The terms of the contract of this case

2. The seller shall bear various public charges up to the balance; and

6. However, at the time of the intermediate payment on September 23, 2015, the procedure for the registration of ownership transfer shall be decided to be taken, and the amount of the Gu column shall be KRW 1,066,00,000,000,000,000,000,000 won, from other banks, until the remainder is succeeded or repaid

8. A seller and a buyer shall comprehensively succeed to a contract for business transfer and takeover as shown in the attached Form;

9. All of the plates and bedclothess shall be replaced by a new one, and shall be installed by a vending machine, and the signboard shall be paid by the seller in a light, and all of the expenses incurred thereby shall be borne by the seller;

10.A 6th floor TV.

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