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(영문) 대구지방법원 2017.05.10 2016나311511
가등기에 기한 본등기청구
Text

1. All appeals filed by the Defendant (Counterclaim Plaintiff) against the principal lawsuit and counterclaim are dismissed.

2. The costs of appeal shall be principal lawsuit and counterclaim.

Reasons

The main lawsuit and counterclaim are also examined.

1. Basic facts

A. The representative director J operated the business of processing recyclable materials, such as scrap metal, in the name of “A”.

On December 30, 2010, J entered into a contract with C to purchase scrap metal arising from the business of C from the J, with the trade name of “D”, but the J shall pay 200 million won deposit to C in order to secure the payment of scrap metal by J.

Pursuant to the above contract, the J paid C a total of KRW 200 million on December 30, 2010, KRW 150 million, KRW 50 million on December 31, 2010, and KRW 200 million on December 31, 2010.

B. On February 24, 2012, J established the Plaintiff for the purpose of processing recyclable materials, including scrap metal, etc.

On August 21, 2012, the Plaintiff and C concluded a contract similar to the above contract of December 30, 2010 and maintained the relationship of the supply of scrap metal, except for the Plaintiff’s status as the purchaser of scrap metal.

C. On August 21, 2012, the Plaintiff remitted KRW 200 million to C, and immediately thereafter C remitted KRW 200 million to J.

The defendant is the mother of C.

On March 22, 2013, the Plaintiff and the Defendant drafted a pre-sale agreement with respect to each of the instant real estate owned by the Defendant as follows:

Article 1 of the reservation to sell and purchase each of the real estate of this case, owned by the defendant, shall be purchased and sold at 100,000,000.

Article 2 The plaintiff pays 100,000,000 won to the defendant as the deposit money of this reservation, and the defendant pays 100,000 won to the defendant.

Article 3: The date of completion of the trade reservation shall be March 22, 2015, and the trade shall be deemed to have been completed as a matter of course without the Plaintiff’s declaration of intention to complete the trade.

When the sale and purchase has been completed pursuant to Article 4 (3), a sales contract for each of the instant real estate between the Defendant and the Plaintiff is concluded, and the Defendant receives from the Plaintiff the remainder after deducting deposit money under Article 2 from the price under Article 1, and simultaneously receives the Plaintiff each of the instant cases.

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