(영문) 서울중앙지방법원 2015.10.23 2014가합571392

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(영문) 서울중앙지방법원 2015.10.23 2014가합571392

건물인도 등

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1. On the Plaintiff (Counterclaim Defendant),

A. Defendant A and Defendant (Counterclaim Plaintiff Co., Ltd.) Co., Ltd. are jointly and severally, and 120,326.

Reasons

1. Basic facts

A. 1) On June 27, 2013, the Plaintiff entered into the instant sales contract with each of the real estate listed in the separate sheet (hereinafter “instant real estate”) in the voluntary auction procedure on June 27, 2013, and only the real estate under Paragraph 2 of the same list (hereinafter “instant real estate”).

(1) The Industrial Bank of Korea held the right to collateral security (hereinafter “instant right to collateral security”) with the maximum debt amount of KRW 1.2 billion on the same day.

(2) On August 19, 2013, the Plaintiff concluded a contract to sell the instant real estate with Defendant A for KRW 1.5 billion (hereinafter “instant sales contract”), the down payment amount of KRW 70 million on the date of the contract, and the remainder of KRW 1.43 billion until August 18, 2014, and the instant sales contract was concluded.

1. The seller shall enter into a contract with the buyer at the same time with a contract deposit of KRW 70 million, and simultaneously establish a provisional registration, and shall transfer all the rights and responsibilities (the right and obligation to receive security deposit and monthly rent) related to the interior and lease due to the change in the use of a building to the end of one year;

2. If the buyer makes a request after the interior of a building, the seller shall fully cooperate with him/her, and the buyer shall open a passbook available to him/her and the buyer shall use the fund only in the form of transfer to a corporation of the buyer instead of using the passbook;

When this is long, the seller can suspend the passbook and terminate the contract.

3. A purchaser may transfer a provisional registration to another new purchaser for one year after the contract date;

In addition, the seller's transfer of ownership to a new purchaser who is a provisional registration holder within one year, if a new purchaser wants, he/she will receive any balance (1.43 billion won).

In such cases, due to the transfer tax to be borne by the seller, the buyer borrows the interior cost to the lessor, and the seller is from the buyer.

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