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(영문) 부산지방법원 2017.04.19 2014가합6445
손해배상(기)
Text

1. All of the plaintiff's claims are dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On August 22, 2011, the Defendant Daeyang M&T Co., Ltd. (hereinafter “Defendant Daeyang”) acquired the ownership of the land and the building on the ground (hereinafter “the factory of this case”) owned by the South Korean Branch of Daejeon District Court B, C (Joint) real estate auction (hereinafter “instant auction”) in the process of the auction of real estate auction (hereinafter “the auction of this case”), such as Sejong-si Co., Ltd. (hereinafter “Seoul-do”) (hereinafter “Seoul-do”)’s land 47,592 and building 12,959 and building 12,959, which were awarded a successful bid by Defendant Daeyang-do Ltd. (hereinafter “the factory of this case”).

B. (1) On August 21, 2012, the Plaintiff entered into the instant sales contract with the machinery and facilities located in the instant factory from the Defendant Daeyang M&T (Provided, That the following facilities are excluded:

hereinafter referred to as “the instant machinery facilities”

(2) A sales contract to purchase the purchase price of KRW 3.2 billion (a contract amounting to KRW 7.2 billion, an intermediate payment of KRW 300 million, and an remainder of KRW 2.2 billion) (hereinafter “instant sales contract”).

B. Along with the same day, Defendant M&E paid the down payment and intermediate payment KRW 1 billion, and the remainder KRW 2.2 billion on September 3, 2012, respectively, to Defendant M&S Co., Ltd.; and Defendant M&S’s obligations under the above sales contract.

1. All related facilities, such as trees, stone, office buildings, etc.;

2. Structures annexed to the floors of a building (factory) (studs, etc. related to the floor and passage verrailist);

3. Lighting facilities inside the factory among electricity facilities;

4. 2nd floor, 3rd floor, 50

5. Outdoor museum machinery and tools, fences and structures;

6. One set of vehicles for possession (for storage of warehouses);

7. Other H-Beam (Acheon) for the maintenance of the building was jointly and severally guaranteed.

Article 3 (Purchase Terms) (1) The Plaintiff shall pay the remainder in lump sum and at the same time transfer the right to dispose of the goods subject to disposal to the Plaintiff. (2) The removal period after the contract shall be 120 days, but the period shall be extended by up to 30 days under mutual agreement.

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