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(영문) 서울중앙지방법원 2015.02.13 2014가합532168
부인의 청구 인용 결정에 대한 이의의 소
Text

1. With respect to the claim filed by Seoul Central District Court 2014 Ma2014 (2013 Ma195), the said court shall render the said court on April 14, 2014.

Reasons

1. Basic facts

A. The Plaintiff is the E’s spouse, a real operator of D Co., Ltd. (hereinafter “D”) with the purpose of leisure industry facilities and marine passenger transportation services.

B. On September 24, 2013, the debtor B Co., Ltd. (hereinafter “B”) concluded a sales contract between the Plaintiff and the Plaintiff to sell each real estate listed in the separate sheet No. 1 attached hereto to the Plaintiff for KRW 99,090,910 (hereinafter “instant sales contract”). The main contents of the said sales contract are as follows.

The Plaintiff paid in full the purchase price of KRW 99,090,910 on the same day B.

Article 1 In the sale and purchase of the above real estate, the buyer shall pay the purchase price as follows:

The purchase price: When the buyer under Article 2 pays the remainder to the seller, the seller shall deliver all documents necessary for the transfer of ownership to the buyer and deliver the subject matter of the sale to the buyer until September 24, 2013, when the subject matter of the sale is delivered to the seller by September 24, 2013.

Article 3 The seller should terminate the whole right to collateral security, etc. of the goods sold until October 31, 2013 so that the buyer can legally exercise his/her right.

Article 4 Ownership of the goods to be sold shall be transferred from the seller to the buyer at the date of payment of the remaining price.

When one of the buyers or the other parties has violated the contract, the other party shall cancel the contract without any peremptory notice, and when the buyer has terminated the contract at the same time, the contract deposit shall be reverted to the seller, and when the seller has terminated the contract, the other party shall reimburse the buyer of the contract deposit.

Article 7 A seller shall grant a preferential purchase right to each real estate listed in the attached Table 2 to a purchaser and a person designated by the purchaser (including a corporation), and the price shall be nine billion won.

C. On September 25, 2013, B completed the registration of ownership transfer for each real estate listed in paragraphs 1 through 5 of the attached Table 1 to the Plaintiff.

set forth in paragraph 6 of the same list.

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