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(영문) 서울동부지방법원 2018.05.03 2017가합101834
부동산 매각처분권
Text

1. Attached Form 1. Pursuant to the agreement on July 26, 2016 between the Plaintiff (Counterclaim Defendant) and the Defendant (Counterclaim Defendant) and the Plaintiff (Counterclaim Defendant).

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. On May 24, 2016, the Plaintiff and the Defendant, including the conclusion of the instant exchange contract between the Plaintiff and the Defendant, concluded a real estate exchange contract (hereinafter “instant exchange contract”) with the content of exchanging the real estate listed in the separate sheet 1 (hereinafter “definite real estate”) owned by the Plaintiff and the real estate listed in the separate sheet 2 (1), (2) (hereinafter “C real estate”), and (3) and (4) real estate listed in the separate sheet 2 (hereinafter “D real estate”). The main contents are as follows.

[Indication of Defendant's Real Estate] Objects: The appraised value of C's Real Estate: 4 billion won; the principal of the obligation to succeed: 1.7 billion won; the net value of 810 million won: The appraised value of D's Real Estate: 1.98 billion won: the appraised value of D's Real Estate: 1.98 billion won; the principal of the obligation to succeed: the principal of the obligation to succeed: 80 million won; the net value of the obligation to succeed: 1.17 billion won; the appraised value of the real estate to be sold; 6.5 billion won; the principal of the obligation to succeed: the net value of the obligation to succeed: 4.8 billion won; and the principal of the obligation to succeed: In the exchange of the above real estate under Article 1.7 billion won, the Plaintiff would pay the Defendant the net difference (hereinafter referred to as "exchange price") of the exchange property as follows:

Exchange proceeds: 950 million won: 400 million won shall be paid at the time of a contract and the balance shall be 550 million won shall be paid on June 30, 2016.

Article 2 The plaintiff and the defendant shall deliver all documents required for the registration of transfer of ownership to the other party simultaneously with the receipt of any balance of exchange proceeds, and the plaintiff and the defendant shall deliver

Article 3 If there is any reason to restrict the full exercise of ownership with respect to the above real estate, or if there is any unpaid tax, public dues and other installments for beneficiaries, the plaintiff and the defendant transfer the full ownership to Gap and Eul by removing the defects and burdens of the rights until the balance is received.

except in cases of rights and amounts agreed to succeed.

Matters of special agreement

6. The plaintiff is the main owner of the case.

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