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(영문) 서울중앙지방법원 2015.02.13 2013가합565567
손해배상(기)
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. B and C, as of March 25, 2008, 1) C Co., Ltd. (hereinafter “C”)

A. B Co., Ltd. (hereinafter “B”) on March 25, 2008

(B) Yongsan-gu Seoul Metropolitan Government 214 square meters (hereinafter “instant real estate”) owned by B.

In order to purchase KRW 3.5 billion, KRW 2.43 billion out of the purchase price was to accept the secured obligation of the right to collateral security established on the instant real estate in lieu of the payment thereof. If C fails to take over the above secured obligation, B agreed to exercise the right to complete the repurchase agreement with respect to the instant real estate. (2) As to the instant real estate, B had completed the registration of ownership transfer with C on March 27, 2008, and completed the registration of the right to claim ownership transfer on the same day.

B. 1) B’s conclusion of the instant sales contract provides that C shall exercise the right to complete the re-purchase of the instant real estate upon the failure of C to accept the above collateral security obligation, and at the same time make a principal registration on the basis of provisional registration. On September 18, 2009, C shall have the purchase price of KRW 3.5 billion and shall be paid KRW 1.7 billion, excluding the amount of KRW 2.43 billion as the collateral security obligation, out of which the amount of KRW 5.35 million, shall be paid to C, on the date of the contract, and the remainder of KRW 535 million shall be paid on November 1, 2009 (hereinafter “instant sales contract”).

On September 21, 2009, B entered into a provisional registration on the instant real estate. (2) Meanwhile, in order to secure the payment of the remainder of KRW 535 million (hereinafter “the remainder of the claim in this case”), C requested C’s director E as the collateral security right, and completed the registration of creation of a neighboring mortgage covering KRW 535 million with respect to the instant real estate. Upon B’s consent, the maximum debt amount on September 21, 2009 is the maximum debt amount of KRW 535 million.

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