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(영문) 대전지방법원 2019.02.20 2018가합101936
소유권이전등기
Text

1. At the same time, the defendant received each real estate listed in the separate sheet from the plaintiffs, and at the same time received from the plaintiffs 1,438.

Reasons

1. Basic facts

A. On October 11, 2017, the Plaintiffs entered into a sales contract (hereinafter “instant sales contract”) with the Defendant with respect to each of the real estate listed in the separate sheet (hereinafter “instant real estate”) with the amount of KRW 3.12 million, and with respect to the secured debt of KRW 1.54 billion (hereinafter “mortgaged debt of this case”) established on the instant real estate, the Plaintiffs shall be exempted from liability for the secured debt of KRW 1.54 billion (hereinafter “mortgaged debt of this case”) established on the instant real estate, and the Plaintiffs shall pay the Defendant the amount of KRW 1.576 million, excluding the secured debt of this case, from the purchase price (hereinafter “instant sales contract”).

Article 1) The sales amount shall be paid as follows. The sales amount is KRW 3.122 billion: the intermediate payment of KRW 150 million (payment at the time of a contract): KRW 300 million (payment on October 23, 2017): The loan of KRW 1.126 million (payment on November 15, 2017): The seller shall compensate for the double payment of the down payment, and the buyer may cancel this contract by giving up the down payment and cancelling this contract.

Article 6 In the event of default on obligations under this Agreement, the seller or the buyer of the contract may notify in writing the other party who has defaulted on obligations, and may cancel the contract if the other party has failed to perform the obligation.

In such cases, the seller and the buyer may claim damages from the other party respectively, and the standards of Article 5 shall apply unless otherwise agreed on the damages.

Specific details are as follows:

B. The Plaintiffs paid to the Defendant the purchase price under the instant sales contract, KRW 150 million on October 11, 2017, KRW 300 million on October 23, 2017, KRW 686 million on November 1, 2017, KRW 1576 million on November 23, 2017, KRW 200 million on November 21, 2017, KRW 14 million on November 21, 2017, and KRW 426 million on November 15, 2017.

C. On November 1, 2017, the Plaintiffs were the third Deputy Commissioner, who was operated by the Defendant on the instant real estate.

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