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(영문) 대구지방법원김천지원 2017.12.08 2017가합15341
소유권말소등기
Text

1. On June 30, 2016, the Plaintiff (Counterclaim Defendant) against the Defendant (Counterclaim Plaintiff) regarding real estate set forth in the [Attachment No. 2] List 2 from the Defendant (Counterclaim Plaintiff).

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Facts of recognition;

A. On March 8, 2016, the Plaintiff entered into a contract with the Defendant to sell the land and buildings listed in the [Attachment 1] List No. 1 (hereinafter “real estate No. 1”) to the Defendant for KRW 1.3 billion (hereinafter “instant sales contract”) and received KRW 50 million on the date of entering into the contract.

At the time, the Plaintiff and the Defendant agreed to substitute for payment of KRW 95 billion, which is the Defendant’s acceptance of the secured debt of KRW 870 million and the obligation to refund the lease deposit, which is the object of the immovable property of KRW 1,500,000,000,000, which is the remainder of KRW 345,000,000 (= KRW 1.3 billion - KRW 50,000,000 - KRW 95,000), which is the intermediate payment until May 7, 2016, KRW 195,00,000,000,000, which is the remainder of payment, until March 8, 2017.

B. On June 29, 2016, the Plaintiff and the Defendant agreed to the payment of intermediate payments and the remainder of the instant sales contract with the following content:

After completing the registration of transfer of ownership on the first real estate from the plaintiff, the defendant shall cancel the existing right to collateral, obtain a loan of at least one billion won as collateral, and pay to the plaintiff KRW 130 million.

11 million won shall be deducted from the purchase price as the commercial building and housing repair cost of real estate.

As above, KRW 240 million (i.e., KRW 345 million - KRW 130 million - KRW 110 million - KRW 21 million), the part payments and remainder payments shall be substituted by the transfer of ownership of the land and buildings listed in [Attachment 2] [Attachment 2] owned by the Defendant (hereinafter “second real estate”) in addition to the transfer of ownership.

(hereinafter “instant accord and satisfaction contract”). The value of the second real estate shall be KRW 400 million, and KRW 100 million and KRW 173 million and the obligation to return the lease deposit with respect to the second real estate shall be succeeded by the Plaintiff.

Taxes and public charges, interest, and monthly taxes incurred until July 31, 2016 shall be borne and managed by the defendant, and taxes and public charges incurred from August 1, 2016 shall be imposed and managed by the defendant.

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