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(영문) 수원지방법원안산지원 2014.02.06 2013가합21984
가등기에 의한 본등기 이행 청구
Text

1. The defendant shall be the plaintiff.

(a) The Suwon District Court with respect to each real estate listed in paragraphs 1 to 7 of the attached list;

Reasons

1. Facts of recognition;

A. On June 3, 2013, the Plaintiff entered into a sales contract with the Defendant to purchase each real estate listed in the separate sheet (hereinafter “each of the instant real estate”) from the Defendant (hereinafter “instant sales contract”) as follows.

- The instant sales contract -

2. Terms and conditions of the contract [Article 1] The timing to pay the purchase price and the purchase price for the sale of the above real estate shall be as follows:

The remainder of the down payment of KRW 3.3 billion in the purchase price shall be KRW 1.32 billion in the remainder of KRW 1.980 million in the purchase price.

1. The foregoing down payment shall be substituted by cancelling the collateral security of the light bank, the Korean bank, and the cancellation of auction, so far as it takes over the claims by a mutual savings bank;

2. The balance shall be repaid to the creditors entered in the certified copy of the register; and

Provided, That the buyer shall pay the amount agreed upon by the seller.

The Plaintiff assumed the Defendant’s obligation on each of the instant real property, instead of paying the remaining purchase and sale amount of KRW 1.980 million, and upon agreement with the creditors, the Defendant assumed the agreed obligation and paid the remainder after deducting the obligation amount agreed upon in the above KRW 1.980 million to the Defendant.

(C) 5. A(road) at one parcel of land located in the land transaction permission zone is responsible for the seller and the buyer is responsible for it.

6. If the total sale is unable to settle the maximum debt amount of 3.3 billion won, this contract shall be null and void; and

8. The balance date shall be the end of August 2013, but shall be treated as a deposit if it is delayed.

B. Meanwhile, as to the instant real estate at the time of the above sales contract, the Korean bank received a voluntary decision to commence auction on April 19, 2012 from the Suwon District Court D, which had been conducting the auction procedure.

On June 4, 2013, according to the instant sales contract, the Plaintiff acquired the rights of the Bank, the mortgagee of the instant real estate, and succeeded to it.

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