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(영문) 서울북부지방법원 2017.07.06 2016가합1889
양수금
Text

1. The instant lawsuit shall be dismissed.

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

Reasons

1. Basic facts

A. The Seoul Livestock Industry Cooperatives (hereinafter “the Livestock Industry Cooperatives”) voluntary auction 1) Seoul Livestock Industry Cooperatives (hereinafter “the Livestock Industry Cooperatives”).

(2) On May 26, 2005, the Defendant’s land and its ground buildings owned by Nowon-gu in Seoul Special Metropolitan City and its ground buildings owned by the Defendant to guarantee the Defendant’s obligation to return loans to the Livestock Cooperatives (hereinafter “instant real estate”).

2) On January 7, 2015, the Seoul Northern District Court entered into a voluntary auction procedure on January 8, 2015, and designated the first sale date on September 7, 2015.

B. A sales contract between the Defendant and F is 1) A sales contract between F and G, and G, which between F and the Defendant around September 4, 2015, during which the said auction procedure was in progress, to purchase the instant real estate in KRW 1.5 billion from the Defendant (hereinafter “instant sales contract”).

In concluding the contract, the Defendant paid the down payment of KRW 150 million to the Defendant on the same day, and KRW 50 million in the first intermediate payment of KRW 50 million on November 4, 2005, and KRW 600 million in the second intermediate payment of KRW 250 million on December 4, 2015, and the remainder of KRW 250 million on January 30, 2016, and paid KRW 150 million in the down payment to the Defendant. 2) In addition, at the time of entering into the instant contract, the Defendant drafted the following documents:

B B F H

C. (1) On September 4, 2015, the Defendant paid to the Livestock Cooperatives the down payment of KRW 150 million, which was received from G and F, as the repayment of the loan. On October 5, 2015, the remainder of the principal and interest of loan was requested to be postponed until September 7, 2015. (2) The Livestock Cooperative requested the Seoul Northern District Court to postpone the sale date, which was taken on September 7, 2015.

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