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(영문) 광주고등법원(전주) 2019.10.17 2019나10106
기타(금전)
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

purport.

Reasons

A. The defendant should deliver the necessary documents to the plaintiffs and cooperate in the registration procedure, and deliver the traded real estate to the plaintiffs at the cost and responsibility of the defendant.

Article 4 (Cancellation of Mortgage, etc.) The defendant shall, prior to delivery of Article 3 above, cancel all rights which restrict the exercise of ownership such as mortgages, pledges, chonsegwon, superficies, leases and all other rights.

Article 8 (Cancellation of Contracts) (2) Where any one of the parties neglects the performance of this Agreement in violation of this Agreement, the other party shall notify him/her of the grace period for one week, and where one party fails to perform the contract within the maximum period, the other party may rescind the contract.

Article 9 (Penalty) If the defendant has entered into this contract in accordance with Article 8 (2) above, two times the amount received as the down payment shall be given to the plaintiffs, and if the plaintiffs have entered into this contract, the down payment shall be reverted to the defendant and the down payment shall not be claimed to be returned.

* Matters of special agreement

4. Provisional registration of the right to claim transfer of ownership (No. 18600, Oct. 14, 2016, No. 18600, Oct. 14, 2016, including the Jeonju District Court's branch court's branch court's branch court's branch court's branch court's branch court's branch court's branch court's branch court's provisional registration of this case) and compulsory auction of real estate and bank loans

B. The provisional registration of this case and the auction registration of this case 1) At the time of the conclusion of the sales contract of this case, the real estate listed in paragraph (13) of the attached Table among the real estate of this case (hereinafter “real estate

(2) On November 10, 2017, the instant provisional registration was completed in the name of limited company E with the exception of the instant real estate, and the instant real estate had been completed on November 10, 2017 on the part of the Defendant’s creditor agricultural company F, including the Southern District Court’s Branch Branch Branch Branch of Seoul District Court (hereinafter “instant auction registration”).

C. The instant case.

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