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(영문) 인천지방법원 2017.08.16 2017나3895
경매용역비
Text

1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Basic facts

A. The Plaintiff is a company that runs the real estate brokerage business under the name of Kimpo-si, Kimpo-si, the Plaintiff is a company that entered into a real estate auction service contract with the Plaintiff on June 15, 2015 (hereinafter “instant contract”).

Article 2 (Scope of Services) The main contents of the real estate auction service are the service of analyzing the right to auction goods and arranging the acquisition thereof for the Incheon Seo-gu Incheon District Court's case number F (hereinafter "the auction of this case").

Article 3 (Execution of Services)

5. The name of the tenant shall be the defendant's expense under the responsibility of the plaintiff.

Article 4 (Contract Amount and Method of Payment)

1. The fee for this auction service shall be thirty million won;

2. At the cost of this auction service, the defendant shall pay to the plaintiff the remainder of the successful bid price of KRW 10 million and the remainder of the successful bid price of KRW 20 million.

Provided, That at the time of the refusal of the successful bid, service charges except the down payment paid shall be refunded without delay.

3. If the plaintiff is unable to receive a successful bid, the plaintiff shall return the down payment to the defendant.

B. The main contents of the instant contract are as follows.

C. The real estate from the sale of the auction of this case was each one-half shares in the name of each real estate listed in the separate sheet (hereinafter “real estate No. 1”) and Seo-gu Incheon Metropolitan City and H (hereinafter “Real Estate No. 2”) and one-half shares in the first real estate among the real estate No. 1 and the second real estate shares (hereinafter “the instant real estate”).

The defendant purchased the real estate shares No. 2 in the name of the representative director on July 23, 2015 at the instant auction procedure. On August 26, 2015, the defendant purchased 1/8 shares from K, L, M, and N, which are the remaining equity right holders of the above land, and completed the registration of ownership transfer for the above land. The defendant purchased the real estate on August 31, 2015 in the instant auction procedure under the name of the defendant, and completed the registration of ownership transfer.

E. The article description at the time of auction is part of real estate No. 1.

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