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(영문) 춘천지방법원 2011.11.30 2009가합457
임차보증금등반환
Text

1. The Defendant’s KRW 36,435,461 at KRW 336,461, and from October 20, 201 at KRW 1, 2, 3, and 5, from among the real estate listed in the separate sheet.

Reasons

1. Basic facts

A. At the time of March 14, 2003, most of the real estate listed in the separate sheet (hereinafter “instant real estate”) owned by C, Co., Ltd., Ltd. (hereinafter “D”), the husband of the Plaintiff and C, Co., Ltd. (hereinafter “D”), and some of the shares in the underground floor and the first floor were registered as owned by third parties. However, as the Plaintiff’s scenario, E, who was the representative director D at the time, occupied and managed the instant real estate with de facto authority to dispose of the entire real estate.

B. At the time of March 14, 2003, the ownership of the instant real estate was owned by the second floor of 2nd floor of 1297.66/1344 shares, 3, and 4th floor of 2nd floor of 2nd floor of 14th, and the auction procedure of real estate was in progress, and the remaining D owned portion was also reasonable to have

C. On March 14, 2003, the Defendant entered into a real estate sales contract with E with respect to the instant real estate (hereinafter “instant sales contract”).

1. A building site of F (1,345.7 square meters) and G (92.1 square meters) with an indication source of real estate in Gangwon-do: Four stories above ground and one story below ground (6,854.40 square meters below total floor);

2. Sales amount: A down payment and intermediate payment of KRW 2,600,000 (2,600,000) in the terms of contract: The sum of KRW 1,700,000 (1,700,000) paid on March 14, 2003; the remainder of KRW 900,000 (90,000,000) paid on the remainder of the successful bid price by a purchaser at the auction owned by D.

Therefore, the amount exceeding 90 million won should be paid to the buyer immediately after the auction is completed by the seller.

3.The terms and conditions of this sale are the sale of the above total building area and the total site area.

(2) A seller shall transfer the registration of 13 stores, not owned by the Plaintiff, to a buyer who completed the transfer by April 30, 2003, and shall consent to the invalidation of a contract and compensation, if the seller does not perform the registration.

4. Seller and buyer: (1) A, and (2) The buyer by proxy of the defendant: The seller's husband by proxy, E, and the seller by proxy: the husband's father and the Shi.

D. On the same day, E continues to use and benefit from the instant real estate, irrespective of the instant sales contract.

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