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(영문) 대전지방법원 2017.02.03 2016가합343
봉안증서금
Text

1. The Defendant-Counterclaim Plaintiff (Counterclaim Defendant) KRW 35,00,000 from the Plaintiff (Counterclaim Defendant) and its related thereto from December 31, 2013 to November 22, 2016.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

Facts of recognition

The Plaintiff as a party is a person who runs the business of selling a charnel box in a charnel house located in the Dasan-gun, Chungcheongnam-gun, Chungcheongnam-gun (hereinafter “the instant charnel house”). The Defendant is the owner of a plot of land 8,832 square meters (hereinafter “instant land”) on the 18th parcel of land developed as a site for electric source housing, including the 3,427 square meters of woodland E-gu, Chungcheongnam-gu (hereinafter “instant woodland”).

Around August 2013, the Plaintiff entered into the first sale contract and the Plaintiff’s rescission of the contract proposed that the Plaintiff sell the instant land to the Defendant, on a short-term basis, in which the Defendant borrowed a deposit of KRW 500 million to the financial institution for the sale of the charnel in the instant charnel as collateral, and the Plaintiff would sell the instant land to the Defendant, as long as the purchase price is settled by selling in the instant charnel.

Article 2 (Sale Price) The total sale price of real estate shall be 1,200,000,000 won per day (1,200,000).

Article 3 (Methods of Payment for Sale) (1) Real estate sale price shall be the Plaintiff’s acquisition of KRW 250,000,000, which is the current collateral security amount, and the remainder of KRW 950,000,000 shall be paid five times in installments, and the first payment date shall be October 5, 2013 after incorporation.

(2) Each installment shall be as follows:

Article 4 (Provisions on Security and Practice for Payment of Sale Price) 10,50,000 won, 150,000 won, 250,000 won, 200,000 won, 100 million won, e.g., the e., the e., the e., the e., the e., the e., the e., the e., the e.,

(2) The personal seal cards, corporate seal imprint designs, deposits, and proceeds passbook of the corporation under paragraph (1) shall be managed by the defendant.

③ The Defendant, for the purpose of its business, shall take out loans of KRW 750 million from a financial institution arranged by the Plaintiff and deposit the remainder of KRW 50 million in the name of the corporation designated by the Plaintiff at the financial institution.

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