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(영문) 인천지방법원 2019.07.19 2019가합50891
매매대금
Text

1. The Defendant’s KRW 1,00,000,000 as well as 5% per annum from October 6, 2012 to September 21, 2018 to the Plaintiff.

Reasons

1. Basic facts

A. On March 9, 2012, the Plaintiff is not a land owned by the Defendant and the Incheon Strengthening Military Co., Ltd.:

A sales contract, which includes the following special terms and conditions, to sell the land D or E to the Defendant at KRW 1.3 billion [the contract amount of KRW 400 million (the down payment on a contract), intermediate payment of KRW 300 million (payment on May 10, 2012), and the balance of KRW 600 million (payment on October 31, 2012), was concluded:

(hereinafter referred to as “the first sale contract of this case”).

1. The down payment and the first intermediate payment shall be the down payment with the loan at the time of a bank loan.

2. The payment of the second part shall be made within 40 days after the building permit is acquired;

3. The balance within 40 days after the completion of a building shall be the period between payment of the cost and the transfer registration of ownership.

4. Interest on bank loans shall be borne by the purchaser of the land in full before the transfer of ownership is registered.

5. All kinds of taxes after registration of ownership transfer shall be borne by the purchaser of the land.

B. On March 22, 2012, the Plaintiff borrowed KRW 800 million from the G Association, and entered into a mortgage agreement with the Plaintiff on the land of Incheon Strengthening Group D through E, H, and F owned by the Plaintiff, with the maximum debt amount of KRW 1,040,00,000, and the debtor and the Plaintiff and the Plaintiff’s right to collateral security, and completed the registration of the establishment of a neighboring mortgage at the G Association on the same day.

C. Of KRW 80,00,000, the Plaintiff paid the Defendant a loan to Company I, which previously received each of the above lands as security, out of KRW 300,000,000, and the remainder of KRW 500,000,00 to the Defendant

On September 1, 2012, between the Plaintiff and the Defendant, a sales contract was formulated between the Plaintiff and the Defendant to sell the purchase price of KRW 1.1 billion [the contract amounting to KRW 400 million (payment on September 1, 2012), intermediate payment of KRW 300 million (payment on September 10, 2012), and the remainder of KRW 400 million (payment on October 5, 2012) (hereinafter “the second sales contract of this case”), and the said sale contract was formulated (hereinafter “instant second sales contract”).

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