(영문) 서울북부지방법원 2020.10.15 2020가합21156

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(영문) 서울북부지방법원 2020.10.15 2020가합21156

매매대금

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1. The defendant's 148,00,000 won and 140,000 won out of the above money and 140,000 won from February 26, 2020 to March 19, 2020.

Reasons

1. Basic facts

A. The Plaintiff was the representative director and the single shareholder of C Co., Ltd. (hereinafter “C”) engaging in real estate development and implementation projects, and C newly constructs 12 multi-household houses of five stories on the ground of Seodaemun-gu Seoul, Seodaemun-gu, and E (hereinafter “instant real estate”) on April 9, 2018, and completed the registration of ownership preservation on April 9, 2018, and completed the registration of ownership transfer on the remainder of family units except for some family units, such as F, G, H, I, J, and K under the name of L Bank.

B. On August 9, 2019, the Plaintiff entered into a contract with the Defendant on the following terms with respect to the sale of the instant real estate (hereinafter “instant contract”).

Although C entered into the instant contract as a seller, the Plaintiff entered into the status of seller to sell the instant real estate by transferring C’s shares and management rights to the Defendant.

Real estate subject to sale: Method of selling and buying the real estate of this case (including the site);

1. The total purchase price shall be one billion won;

2. A bank loan of KRW 1.33 billion shall be succeeded to.

3. The lease deposit amount of KRW 150 million in I, the lease deposit amount of KRW 145 million in Jho Lake, and the lease deposit amount of KRW 150 million in Mho Lake 17 million in terms of succession.

4. C Corporation shall be deemed to transfer the shares to a person designated by the representative director and the defendant simultaneously with the contract under which the defendant takes over.

5. The taxes and public charges accrued as of the date of the contract shall be adjusted respectively.

6. The agreement with the contractor (H, N, I) shall be dealt with by C and included in the trading list.

Obligations of Seller and Buyer

A. The transferor’s duty C

1. To submit all documents necessary for the transfer of representative of a corporation and the removal of internal directors simultaneously with the contract;

2. Transfer all the shares recorded in the corporate registry to a person designated by the defendant.

3. An agreement and a lawsuit in progress by a corporation to be transferred.

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