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(영문) 서울서부지방법원 2018.01.04 2016가합37945
근저당권설정등기 청구의 소
Text

1. On August 3, 2015, the Defendant: (a) on each real estate listed in the list of real estate attached hereto to the Plaintiff.

Reasons

1. Facts of recognition;

A. On August 3, 2015, the Plaintiff entered into a sales contract with the Defendant, C, D, E, F, and G (hereinafter “Defendant”) to purchase each real estate listed in the separate sheet No. 2 attached hereto (hereinafter “instant real estate”) at KRW 4,785,00,00 (hereinafter “instant sales contract”). The content of the instant sales contract relating to the instant case is as follows.

Real estate sales contract

1. Purchase and sale amount: KRW 4,785,000,0000 ( KRW 4,785,000,000) · KRW 450,000,000 ( KRW 450,000) · 1,000,000 for the first intermediate payment on August 3, 2015 ( KRW 450,000), or KRW 50,000 for the second intermediate payment ( KRW 500,000) · 2,000,000 for the second intermediate payment on August 14, 2015, KRW 250,000 for the third intermediate payment ( KRW 250,000) · 3,000,000 for the second intermediate payment on August 24, 2015; and KRW 37,000,000,000 for the remainder;

2. Consent to the sale and purchase of all the sellers on the register, repayment of loans from one savings bank and payment of interest in good faith. He/she shall consent to the termination of a trust contract.

4. The seller, as a security for the faithful performance of the present sale and purchase agreement, performs the collateral security of KRW 1 billion on H Defendant real estate in Seodaemun-gu Seoul Metropolitan Government, and cancels the remainder payment at the time of August 24, 2015.

5. A person in charge of international asset trust and a person in charge of the Han Savings Bank shall be given approval for the sale and purchase as a result of the notification to the J. The settlement of international asset trust and single Savings Bank will be completed at the time of the remainder payment.

B. On August 3, 2015, the Plaintiff paid KRW 450 million on August 3, 2015, KRW 50 million on August 4, 2015, KRW 250 million on August 4, 2015, KRW 100 million on August 17, 2015, KRW 125 million on August 25, 2015, KRW 20 million on November 3, 2015, and KRW 100 million on November 6, 2015.

C. Meanwhile, on February 4, 2015, the Defendant, etc., between the truster and the International Asset Trust Co., Ltd. (hereinafter “International Asset Trust”) with respect to the instant real estate for the purpose of sale.

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