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(영문) 수원지방법원평택지원 2015.12.18 2015가합1125
건물명도 등
Text

1. Of the instant lawsuit against Defendant B, KRW 104,00,000 among the instant lawsuit and the aforementioned amount shall be fully paid from July 29, 2015.

Reasons

1. Basic facts

A. The Plaintiff, as a shareholder and representative of D Co., Ltd. (hereinafter “D”), was operating a driving school for entrance into the instant private teaching institute (hereinafter “instant private teaching institute”) on the ground of each real estate listed in the separate sheet owned by himself/herself (hereinafter “each of the instant real estate”).

B. Around April 2012, the Network E (Death on July 11, 2014) established a sales contract with the Defendant C to operate a private teaching institute as a partnership business. On April 9, 2012, Defendant C as the representative director, Defendant C, and Defendant B (hereinafter “Defendant B”). On April 27, 2012, the Plaintiff entered into a sales contract with the Plaintiff with a total purchase price of KRW 2.6 billion (contract amounting to KRW 30 million, balance of KRW 831 billion, and KRW 1.739 billion, and KRW 1.79 billion, a national bank loan).

However, as the relationship in which Defendant C was registered as the representative director of Defendant B, E entered into the above sales contract under the name of Defendant C between the Plaintiff and the Plaintiff.

(hereinafter “instant sales contract”). C.

However, E paid only the down payment of KRW 30 million to the Plaintiff and did not pay the remainder of the purchase price. On May 25, 2012, July 10, 2012, and July 27, 2012, the Plaintiff notified the Defendant C that “The instant sales contract is terminated on the ground that the Defendant C did not perform the promise to pay the remainder by May 9, 2012.”

Plaintiff

Around September 28, 2012, the National Federation of Fisheries Cooperatives (hereinafter “Nonindicted Bank”) borrowed a total of KRW 1.83 billion from the National Federation of Fisheries Cooperatives (hereinafter “Nonindicted Bank”) to repay loans to the National Bank. In order to secure the above loans against the Plaintiff and D, the Nonparty Bank is below the registration of creation of a mortgage over each of the instant real estate of KRW 1.74 billion with respect to each of the instant real estate on September 28, 2012, with respect to the Plaintiff, the Plaintiff, the maximum debt amount of KRW 1.74 billion, and the debtor D, the maximum debt amount of KRW 660,000,000.

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