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(영문) 청주지방법원 2015.04.17 2013가단159622
전부금
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. As the Korea Electric Power Corporation’s provisional seizure against the Korea Electric Power Corporation for the Panansan Industries Co., Ltd. was not paid KRW 110,521,940,00 for the unpaid electric power rates of 110,521,940, Feb. 8, 2012, the amount of KRW 110,117,240, as the claim amount, was the provisional seizure (hereinafter “instant provisional seizure”) of the building on the grounds that the building on the ground of 642-4, 7-ground factory owned by the Pananansan-gun, the Cheongan-gun, the Sinan-si, the Sinwon-si, the Seoul Special Metropolitan City

B. On August 30, 2012, the Defendant entered into a sales contract with the Defendant for the purchase of the instant building at KRW 1.68 billion (the contract amounting to KRW 464.6 million and the remainder KRW 1.216 billion) (hereinafter “instant sales contract”) and entered into an agreement as follows (hereinafter “instant agreement”). Under the instant agreement, the Defendant’s obligation of provisional attachment (15) that the Defendant intended to succeed to the instant sales contract instead of paying the remainder of the sales contract was also included in the instant provisional attachment obligation.

[Matters agreed upon] Paragraph 4 of the remaining payment is to succeed to the amount of the debt indicated in the registry (except for the attachment of the military petition) as of June 26, 2012 and the amount of the provisional attachment (except for the attachment of the building in this case) as of June 26, 2012. However, the provisional attachment is impossible to be cancelled after deposit and cancellation, and the amount of the debt exceeding the sale amount is to be transferred at the same time as the contract is the period during which the contract is transferred out of the deposit of the dormitory deposit (claim). Paragraph 5 of the transfer of ownership is to be paid the down payment amount of KRW 464.6 million and the ownership is to be transferred to the purchaser (Defendant)

C. On August 30, 2012, the Korea Electric Power Corporation cancelled the instant provisional attachment, and on August 30, 2012, the Korea Electric Power Corporation agreed to pay KRW 55,260,970, which was 50% of the 110,521,940, which was the 50% of the 110,521,940, the amount of the instant provisional attachment by the Defendant and the Defendant, by August 31, 2012, the Korea Electric Power Corporation agreed to cancel

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