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(영문) 대구지방법원경주지원 2014.05.23 2013가단7731
청구이의
Text

1. An authenticated copy of a notarial deed with executory power of No. 527, 2010 against the defendant's plaintiff.

Reasons

1. Basic facts

A. On October 27, 2008, the Plaintiff entered into a sales contract with the Defendant on the instant land and buildings thereon (hereinafter “instant building”) and on the entire business rights, including trademark rights, as the sales price of KRW 660,000,000 (hereinafter “instant sales contract”) with the Defendant, operating the “E” at D 215.8 square meters (hereinafter “instant land”). On October 27, 2008, the Plaintiff paid KRW 260,000,000 out of the sales price to the Plaintiff for the acquisition of the Defendant’s bank loans. (2) On the date of the contract, the intermediate payment of KRW 140,000,000 from November 10, 2008, the remainder of KRW 10,000,000 from the remainder of the contract to the remainder of KRW 10,000,000 from the remainder of the contract to the remainder of KRW 10,000,000.

After that, according to the instant sales contract, the Plaintiff paid the Defendant the down payment of KRW 60,00,000, the intermediate payment of KRW 140,000,000,000, and paid KRW 83,667,100 out of the balance of KRW 100,000,000, which was to be paid by December 10, 208.

(B) On August 25, 2010, the registration of ownership transfer has been completed in the name of the plaintiff on the land and building of this case.

However, on July 28, 2010, when the Defendant did not make a transfer registration of the above E trademark right (hereinafter “instant trademark right”), the Plaintiff prepared a notarized deed of debt payment contract (hereinafter “notarial deed”) with the Defendant on July 28, 2010, among KRW 116,332,90 (i.e., purchase price of KRW 660,00,000 - bank loans - KRW 260,667,100 paid by the Plaintiff - KRW 283,667,100) with interest rate of KRW 50,000,000, interest rate of KRW 10.8% (payment from July 28, 2010 to July 28, 2012), and the period of maturity of payment of KRW 30,000,000 with C’s office written by a notary public C’s office as of July 28, 2012.

C. Thereafter, on August 25, 2010, the Plaintiff transferred 1/2 shares among the instant trademark rights registered in the name of ASEAN to the Plaintiff by September 5, 2010, and (2) the Plaintiff until August 25, 2010.

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