(영문) 의정부지방법원 고양지원 2018.05.25 2017가합73344

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(영문) 의정부지방법원 고양지원 2018.05.25 2017가합73344

배당이의

Text

1. Of the distribution schedule prepared on June 29, 2017 with respect to the auction case of B real estate in this Court, the above court is against the defendant.

Reasons

1. Basic facts

A. On March 16, 2006, the Plaintiff entered into a contract with an advanced CM Co., Ltd. (hereinafter “WM”) and with respect to the portion of 991m2,291m2 (hereinafter “the instant real estate”) out of the amount of sales of which is KRW 270,000,000 (hereinafter “the instant real estate”). The Plaintiff entered into the sales contract with respect to the portion of 991m2 (hereinafter “the instant real estate”). The main contents are as follows.

(A) The purpose of this Agreement is to prescribe the rights and obligations between A and B in the course of purchasing real estate owned by A (Plaintiffs) and promoting apartment construction projects by Section 1 (Purpose of this Agreement).

Article 3 (Payment Method of Contract Deposit and Intermediate Payment): 243,00,000 won when a contract is concluded, the balance of creation of a collateral security: 27,00,000 won and the trend of progress of authorization and permission for a payment business within seven days after approval for a business may be disbursed at an early stage.

Article 4 (Cancellation of Rights and Restrictions on Disposal by Third Parties other than Ownership)

(d) 130 per cent collateral security on A-owned real property in order to secure claims at the time of the payment of down payment and intermediate payment;

At this time, the cost of establishment shall be borne by B.

Article 8 (Duties of A and B)

(a) A shall submit a document for authorization and permission (a seal imprint and a certificate of seal impression) to B in relation to the apartment business plan of B when a contract is made.

(c) A shall, if a Party B requests, specify the purpose of promoting the construction of an apartment and submit necessary documents.

Article 9 (Cancellation and Termination of Contracts)

(a) A may cancel or terminate a contract in any of the following cases:

1. If it is deemed evident that the purpose of this contract cannot be achieved due to a significant breach of contract in Section B.

(b) B may cancel or terminate a contract in any of the following cases:

1. A is justified.

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