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(영문) 대전지방법원 2015.01.15 2014가합4396
가등기말소 등
Text

1. Defendant B shall pay to the Plaintiff KRW 5,00,000 and the interest rate of KRW 20% per annum from June 21, 2014 to the day of full payment.

Reasons

The basic facts are: (a) the Plaintiff entered into a sales contract for each of the real estate listed in the separate sheet (hereinafter “the instant bath”) with Defendant B on November 28, 2013; (b) KRW 200,000,000 as the down payment shall be paid at the time of the contract; (c) KRW 850,000,000 as the secured debt of the right to collateral security established at the time of the contract; (d) the Plaintiff succeeds to the Plaintiff; and (e) KRW 100,00,000 as the first part of the intermediate payment on December 6, 2013; and (e) KRW 350,00,000,000 as the second part of the intermediate payment on December 6, 2013; and (e) the remainder on December 15, 2013; and (e) the contract for the cancellation of the contract based on each contract for damage compensation as a result of nonperformance.

In addition, the special terms and conditions of the bath sale contract include the cancellation of seven provisional seizures made for the bath above at the time of the receipt of the first intermediate payment from the Plaintiff, and the loans that Defendant B received upon application for additional loans in the name of the Plaintiff were paid as the second intermediate payment. The remainder is converted into the borrowed amount, and the Plaintiff agreed to set up a collateral security and pay to the seller 7% interest per annum on the land and buildings of the Daejeon-gu Daejeon E.

On the other hand, on November 28, 2013, the Plaintiff entered into a sales contract for the instant land with Defendant B, instead of paying the down payment for bath bath sales contract, and the Plaintiff agreed to transfer ownership of KRW 587,60,000 for the instant land, and agreed to set up a sales contract for the instant land at KRW 587,50,000 for the secured debt of the right to collateral security established on the instant land. The Defendant succeeded to said KRW 387,50,000 for the secured debt of the right to collateral security established on the instant land, and agreed to set the remainder after deducting KRW 100,000 for the Plaintiff’s payment to Defendant B.

On December 10, 2013, the Plaintiff made a promise to sell the instant land to Defendant C, who is the punishment of Defendant B, for the implementation of the above Agreement.

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