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(영문) 부산지방법원동부지원 2020.08.20 2019가합106292
배당이의
Text

1. The Busan District Court prepared on August 28, 2019 with respect to the auction of real estate C with the same Busan District Court.

Reasons

1. Basic facts

(a) Succession to the status of a buyer under the Plaintiff’s contract for sale in lots and filing a lawsuit - Article 2 (Contribution and Payment Schedule): 720,860,00 won for the sale in lots / 196,383,000 won for the rights of the union members - 524,47,000 won for the union members’ contributions (the amount of union members’ rights - the amount of union members’ contributions) - 104,895,400 won for the contract deposit (20%) - 5,000 won for the first contract, 9,895,400 won for the second resettlement - intermediate payment (60%) 314,686,200 won for the second contract: from February 10, 2014 to January 11, 2016 - the late payment penalty calculated by applying the late payment rate to 104,089,400 won for late payment (the late payment rate).

Article 6 (Payment of Over-The-Counter and Payment of Balance and Refund Money) (3) Where a “B” receives an intermediate payment from a financial institution designated by the “A (referring to a buyer)” for the payment of contributions, documents and expenses necessary for the loan shall be submitted or paid to the “A” or the relevant financial institution, and the loan shall be appropriated as part of the contribution.

(hereinafter omitted) Article 7 (Reimbursement of Relocation Expenses, Installment Payment Loans, etc.) (1) Where “B” receives moving expenses, part payments, etc. from a financial institution, it shall repay the entire principal and interest by the date of issuance of occupancy certificates or the expiration of the period of designation

Article 8 (Procedures for Occupancy) (1) “A” shall notify “B” at least 30 days prior to the date of designation of occupancy and the date of payment of any balance, and “B” shall pay in full the contributions and arrears under Article 2 and the moving expenses and interest borrowed from the financial institution by the date of designation of occupancy, and the contributions and loans borrowed from the financial institution under the guarantee of “A”, and shall apply for occupancy after paying all documents and expenses necessary for registration of preservation, and “A” shall read “B”.

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