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(영문) 부산지방법원동부지원 2015.01.16 2014가합101599
청구이의의 소 등
Text

1. Of the instant lawsuit, the Defendant’s Busan District Court Branch Branch Decision 2014 tea891 sales amount against the Plaintiff.

Reasons

1. Basic facts

A. (1) On April 3, 2013, the Plaintiff and the Defendant, jointly with the Defendant Co., Ltd., the first sales contract between the Plaintiff and the Defendant, purchased KRW 756 million from the Defendant for KRW 56,000,000,000,000,000,000 for contract deposit and KRW 686,000,000,000,000,000,000,000 on the same day, were paid to the Defendant on June 14, 2013.

(2) While the Plaintiff delayed the payment of the remainder, the Plaintiff and the Defendant concluded a sales contract on July 21, 2013 regarding the instant forest on August 22, 2013 with the remaining payment date increased to KRW 96 million.

(3) On September 4, 2013, the Plaintiff: (a) paid 686 billion won out of the remainder to the Defendant on September 4, 2013; and (b) written a loan certificate to the Defendant that “as to the remainder of KRW 150 million up to September 17, 2013, KRW 100 million is to be repaid by September 30, 2013; and (c) completed the registration of ownership transfer regarding the forest of this case.”

B. The payment order and dividend (1) were issued on October 2, 2013 with respect to the instant forest land, and the decision of compulsory auction was rendered on October 2, 2013.

(2) On November 7, 2013, the Defendant received a provisional seizure order by this court 2013Kadan3130 with respect to the instant forest land by having the right to claim the remainder of KRW 150 million due to the payment of the instant sales contract as the preserved right. On December 4, 2013, the Defendant filed an application for distribution as a person holding the provisional seizure right during the said compulsory auction procedure.

(3) After that, the Defendant applied for a payment order against the Plaintiff on March 27, 2014, and received an order to pay 150 million won to the Defendant and 50 million won per annum from August 23, 2013 to the service date of the authentic copy of the payment order, and 20% per annum from the next day to the day of complete payment.

3.2

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