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1. As to the Plaintiffs’ KRW 82,432,80 and KRW 30,000 among them, the Defendant shall pay to the Plaintiffs KRW 82,432,80,000 from August 21, 2013, KRW 21,10,000.
Reasons
1. Facts of recognition;
A. On August 20, 2013, the Plaintiffs purchased KRW 96.1 million from the Defendant, Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-gun, the Defendant in the process of the voluntary auction (hereinafter “instant forest”). The Plaintiffs paid KRW 30 million to the Defendant’s repayment of the Defendant’s debt to the creditor-style Livestock Cooperatives of Incheon Hypojin-gun (hereinafter “Sungjin-gun”), which applied for the voluntary auction. The remainder KRW 6.1 million shall be paid on September 2, 2013, and the sales contract was concluded to be deemed as modified by the agreement between the parties (hereinafter “instant sales contract”).
B. On August 21, 2013, the Plaintiffs paid a down payment of KRW 30 million to the Defendant’s debt against the reinforcement stable, and around that time, the Plaintiffs cancelled all the registration of the right to collateral security and the decision on voluntary commencement of auction in the name of the Gangwon Livestock Cooperative with respect to the instant forest. On September 10, 2013, the Plaintiffs paid KRW 66.1 million with checks, etc. on September 11, 2013. On September 11, 2013, the Daejeon District Court Taean District Court’s receipt of the Seoan District Court’s receipt of 18805, each of the instant forest shares (1/2) in the ownership transfer registration.
C. However, on September 11, 2013, the Daejeon District Court rendered a decision to commence a compulsory auction on the instant forest land as Seosan Branch E, upon application for a compulsory auction based on an executory exemplification of the judgment against the Defendant by the new bank (hereinafter “new bank”), and on the same day, the registration of the decision to commence a compulsory auction on the instant forest land was completed prior to the transfer registration of ownership by the Plaintiffs.
Accordingly, the Plaintiffs applied for the suspension of payment of KRW 45 million for the remaining 45 million.
After that, on September 16, 2013, if the plaintiffs and the defendant were to suspend the payment of the check, the defendant shall pay 25 million won to the plaintiffs, and the defendant shall actively cooperate with the issuance of all documents necessary for the cancellation of the registration for the first-order compulsory auction entered in the forest of this case, and the above agreement shall be exempted.