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(영문) 창원지방법원 2015.08.27 2014가합36030
근저당권말소
Text

1. The Defendant may contact the Plaintiff on June 25, 2014 with the Changwon District Court as to each real estate listed in the separate sheet.

Reasons

1. Facts of recognition;

A. The plaintiff

1.The above special terms of the sale contract for lot numbers are as follows:

2. The seller shall transfer the remainder of the outstanding payment date to the buyer for the purpose of receiving a loan for the payment of the purchase price, and shall replace the remainder of the buyer with a cash storage certificate.

3. The buyer shall not move in until August 23, 2014, in the case of three billion won (Won 139,000,000) which is the balance payable, and the buyer shall not move in until he pays the balance in full, and shall be recognized as the repair period.

4. On May 23, 2014, the attached Form does not submit to a bank, and confirms that the terms and conditions of the said special agreement are mutually agreed upon. On May 23, 2014, the Defendant purchased each real estate listed in the attached Form (hereinafter “each of the instant real estate”) from the Defendant for KRW 360 million (hereinafter “instant sales contract”), the down payment amount of KRW 36 million, and the down payment amount of KRW 324 million shall be paid on the date of the contract, and the remainder shall be paid on June 23, 2014; KRW 55 million in the remainder of the above remainder shall be paid on June 23, 2014; and a sales contract was prepared to substitute the obligation to deposit (the amount of KRW 25 million on the underground, KRW 30 million on the first floor, KRW 30 million on the first floor, KRW 30 million on the part of the remainder.

On the other hand, the special terms attached to the sales contract of this case are as follows.

B. On May 23, 2014, the Plaintiff paid the Defendant the down payment of KRW 36 million in accordance with the terms and conditions of the instant sales contract and the instant special agreement, and paid KRW 150 million out of the remainder on June 23, 2014.

C. On June 23, 2014, the Plaintiff completed each registration for the transfer of ownership from the Defendant as the Changwon District Court No. 47507, Jun. 23, 2014 regarding each of the instant real estate.

On June 25, 2014, the Plaintiff secured the Defendant’s obligation to pay the remainder payment of KRW 119 million (i.e., purchase price of KRW 360 million - down payment of KRW 366 million - down payment of KRW 36 million - KRW 55 million - the remainder payment of KRW 150 million paid on June 23, 2014).

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