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(영문) 창원지방법원 2015.09.09 2014가단86120
약정금
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On February 28, 2014, the Plaintiff and the Defendant concluded a sales contract with respect to the purchase price of KRW 430,000,000, and the full payment of the purchase price of KRW 979 square meters (hereinafter “each of the instant lands”) with respect to Kimhae-si, Kimhae-si, the Plaintiff owned by the Plaintiff (hereinafter “instant sales contract”), and entered into a special agreement with the following terms.

① The seller at the same time makes it difficult for the seller to make up for the remainder.

(2) The seller shall submit a written confirmation of the amount of debt established on the building to the seller and shall pay the remainder to the seller.

(3) If the purchaser does not trade the above matters, 10% of the penalty shall be liable.

(4) The seller of the land is responsible for and entitled to transfer the land.

In addition, it is necessary for the seller to carry documents to transfer and sell before October 30, 2010.

B. At the time of the instant purchase and sale contract, each of the instant lands was registered with the establishment registration of a mortgage on June 16, 2009, the maximum debt amount of KRW 260,000,000 for each of the instant lands, the secured mortgage-holder Busan Livestock Industry Cooperatives (hereinafter “BF”) and the secured mortgage-holder E on June 14, 2010 for the establishment of a mortgage on each of the instant lands.

C. On June 10, 2014, the Plaintiff cancelled the registration of the establishment of the establishment of the second-class neighboring E in the name of E, and simultaneously made the registration of the establishment of the establishment of the establishment of the second-class neighboring E in the Busan Livestock Cooperatives with the maximum debt amount of KRW 180 million on the same day. On September 24, 2014, the Plaintiff completed the registration of the establishment of the establishment of the establishment of the third-class neighboring E in the Busan Livestock Cooperatives with the maximum debt amount of KRW 54 million.

The Plaintiff notified the Defendant of the payment of KRW 430,00,000 for the purchase price under the instant sales contract through the certification of the content on October 31, 2014, and, if the purchase price is not paid by November 7, 2014, declared that the instant sales contract will be rescinded, and the said certification was served on the Defendant around that time.

(b).

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