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(영문) 인천지방법원 2016.01.21 2013가합13210
손해배상(기)
Text

1. Defendant B and D shall relate to each of the 5/8 shares of the real estate listed in the separate sheet from the Plaintiff.

Reasons

1. Basic facts

A. On November 9, 2011, the Plaintiff entered into a sales contract between the Plaintiff and Defendant B and D (hereinafter “instant land”) with Defendant B and D as indicated in paragraph (1) of the annexed Table of Real Estate (hereinafter “instant land”).

As to the instant land, KRW 670 million (contract amounting to KRW 70 million, balance of KRW 600 million) is determined as to the purchase price, and the Plaintiff delivers the instant land on the same day to Defendant B and D, but Defendant B and D until February 10, 2012 (hereinafter “Seoul Mutual Savings Bank”).

(2) A sales contract under the name of a person who takes over the secured obligation of the secured claim (the maximum amount of KRW 700 million) in the name of the same person shall substitute for the payment of KRW 500 million out of the balance, and that Defendant B and D shall bear the interest on the secured obligation of the said bank from November 10, 2011 (hereinafter “instant sales contract”).

(2) According to the instant sales contract, the Plaintiff received each of the KRW 20 million out of the down payment of KRW 70 million on the day of the contract, and the remainder of KRW 50 million around November 30, 201, respectively, from Defendant B and D pursuant to the instant sales contract.

B. While Defendant B and D did not pay any balance on the remainder on the date stipulated in the instant sales contract, the Plaintiff transferred the ownership of the instant land between the Defendants and the Plaintiff on April 16, 2012, and Defendant B paid the remainder under the instant sales contract to the Plaintiff by May 12, 2012, and Defendant B additionally borrowed KRW 100 million and paid the remainder to the Plaintiff by borrowing KRW 100 million, and if the said loan was not paid by the said date, the agreement is jointly liable for damage, etc. to the Defendants (hereinafter “instant subsequent agreement”).

(2) On April 16, 2012, the Plaintiff completed the registration of ownership transfer on the instant land on April 16, 2012 pursuant to the follow-up agreement of this case.

C. Cancellation of the registration of the decision on commencing auction, the establishment of the right to collateral security against the third party, and the transfer of ownership at the time of the instant sales contract.

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