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(영문) 서울고등법원 2016.08.19 2016나2005168
약정금
Text

1. All appeals filed by the Defendant (Counterclaim Defendant) against the Plaintiff (Counterclaim Defendant) are dismissed.

2. An objection to the trial;

Reasons

Basic Facts

With respect to the real estate owned by the Defendant on September 3, 2007, the Defendant completed the registration of the establishment of the first priority collective security right (hereinafter referred to as the “first priority collective security right”) with respect to ① the creditor’s mother agricultural cooperatives, the maximum debt amount of KRW 190 million on September 16, 2007, ② the creditor’s mother agricultural cooperatives, the maximum debt amount of KRW 143 million on December 12, 2007 (hereinafter referred to as the “second priority collective security right”), ③ the creditor I, the creditor I, the maximum debt amount of KRW 375 million on May 16, 2008 (hereinafter referred to as the “third priority collective security”), and ④ the creditor J, the maximum debt amount of KRW 150 million on February 16, 2009 (hereinafter referred to as the “third priority collective security right”).

On April 16, 2010, the Plaintiffs entered into a contract with the Defendant to transfer the ownership of the instant real estate to the Plaintiffs, and ② the Plaintiffs entered into a contract with the Defendant to transfer the ownership of E forest land E 2,052 square meters (hereinafter “instant forest”) (hereinafter “instant exchange contract”), and entered into a sales contract with respect to the instant real estate, with the following details as to the instant real estate:

(hereinafter “the instant sales contract”). The Plaintiffs and the Defendant agreed on the amount of money for transfer of KRW 1.85 billion, but the so-called “the instant sales contract” was prepared at the Defendant’s request.

-a down payment of KRW 220 million shall be paid and received at the time of the contract. - A loan of KRW 980 million shall be succeeded by the buyer at present. - An intermediate payment of KRW 50 million shall be paid on April 23, 2010.

- The balance of KRW 100 million shall be paid in June 30, 2010.

Matters specially agreed on the sale and purchase of real estate.

1. Sales contract under the current state of facilities (applicable to the area of public injury);

2. 70 million won is to be succeeded to the time when the plaintiffs down payment is made.

3. Registry - Section A [Provisional Attachment (No. 5414, Feb. 3, 2010, Suwon 2010Kadan947, Claim Amount of KRW 100,000,000, and Creditor K-B.

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