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(영문) 대구고등법원 2016.09.21 2016나22463
소유권이전등기
Text

1. Of the judgment of the court of first instance, KRW 78,00,000 against the defendant and the period therefor shall be from May 13, 2015 to September 21, 2016.

Reasons

1. Basic facts

A. The instant real estate is registered with the Defendant and C as sharing one-half equity shares.

B. On August 25, 2014, the Plaintiff, as a permanent resident of the United States, returned to the Republic of Korea on his day, and the Defendant returned to the Republic of Korea. The instant real estate, as set forth below, was established as a collateral of KRW 130 million with the Korea Exchange Bank and the maximum debt amount, KRW 130 million,00,000. The Plaintiff and the Defendant set the sales amount as KRW 632,100,000,000, separate from the Plaintiff’s acceptance of the said collateral collateral obligation.

The purchase contract amounting to KRW 60 million was paid on the date of the contract and the remainder of KRW 572,100,000,000 on August 29, 2014. Of the remainder, 30,000,000 won was paid when the lessee residing on the first floor of the instant real estate leaves, and part of the remainder was paid by bank loans (hereinafter “instant sales contract”).

The Defendant entered his address, resident registration number, telephone number, and name in the “seller” column of the instant sales contract, and affixed his seal on the name next to the name of the Defendant, and affixed C’s name [Real Estate sales contract] Article 1 of the Terms and Conditions of Contract: 630,210,00 won deposit: The maximum debt amount of KRW 630,000,000: the maximum debt amount of KRW 130,000,000 (Korean Exchange Bank).

Any balance: 570 million won shall be paid on August 29, 2014.

Article 6 (Non-performance of Obligations and Compensation for Damages) Where a seller or a purchaser has defaulted on the terms and conditions of this contract, the other party may notify in writing the person who has defaulted on the contract and rescind the contract.

In addition, the parties to the contract may claim damages to the other party due to the cancellation of contract, and the contract deposit shall be considered as compensation for damages, unless otherwise agreed.

The seller of the special agreement shall be liable for the documents, etc. until the transfer. ① The loan shall be at the same time as the balance date.

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