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1. On September 24, 2015, Daejeon District Court Branch C and D real estate auction cases were prepared by the said court.
Reasons
1. Facts of recognition;
A. (1) On April 22, 2011, the Plaintiff and the Defendant concluded a contract to lease the funeral hall of a H hospital to KRW 800 million for the lease deposit, and on the same day, paid the down payment to E on the same day.
(2) On February 7, 2012, the Plaintiff and the Defendant: (a) concluded a lease agreement with the F to take over a H hospital after giving up the takeover of the H hospital; (b) on the funeral hall of the H hospital and its equipment, setting the lease deposit amount of KRW 800 million.
At the time of the above contract, the Plaintiff and the Defendant agreed to succeed the down payment of KRW 200 million paid to E as described in the above paragraph (1), and the Plaintiff and the Defendant paid KRW 150 million to F as part of the intermediate payment of the lease deposit and KRW 300 million in total.
B. (1) On February 7, 2012, F purchased 3.97 billion won (the contract amount of KRW 397 billion, the remainder of KRW 3.57 billion, and the remainder of KRW 3.773 million) from the KHK company specialized in the Egypt securitization (hereinafter “UHK”) on the following: (a) the two-story buildings, G sites, and the above-ground four-story buildings, J and two parcels (hereinafter “each of the instant real estate”) from the KHK company specialized in the Egypt (hereinafter “UHK”); and (b) the F purchased 3.97 billion won (the contract amount of KRW 397 billion, the remainder of KRW 3.57 billion, and the remainder of KRW 3 million).
(2) On April 27, 2012, UHK completed the registration of ownership transfer in its name on each of the instant real property.
(3) On July 5, 2012, UHK notified F of the fact that “the remainder of each of the instant real estate is not paid, thereby cancelling the transaction.”
(4) If F is unable to pay the balance to UHK on August 6, 2012 by August 21, 2012, the F would waive the down payment and all rights already paid.
‘The intention' has expressed its intention.
(5) As above, F was unable to pay the intermediate payment and the remainder after purchasing each of the instant real estate from UHK, and UHK notified the destruction of the sales contract, and F was at the overdue interest rate of KRW 50 million until the intermediate payment and the remainder payment to UHK.