(영문) 의정부지방법원고양지원 2015.12.17 2014가합6695

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(영문) 의정부지방법원고양지원 2015.12.17 2014가합6695

토지소유권이전등기말소 등

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1. Defendant C is based on the transfer agreement on May 29, 2014 with respect to the real estate stated in the separate sheet to the Plaintiff.

Reasons

1. Presumption

A. On December 18, 2012, Defendant C sold the instant real estate to Defendant church, and the main contents of the sales contract are as follows.

(hereinafter “instant sales contract”). 2. Sales proceeds: (1) Total proceeds: KRW 5 billion (2) 1.5 billion down payment shall be paid at the same time as the contract is concluded.

(3) The intermediate payment of KRW 1 billion shall be paid within two months after the conclusion of the contract.

(4) Any balance of KRW 2.5 billion shall be paid within six months after the conclusion of the contract.

3. Special terms and conditions (1) An amount of KRW 1.5 billion is indicated as the buyer’s original “seller,” but it is reasonable to view it as the buyer’s mistake.

All identical errors were corrected.

In order to cancel the auction of creditors D or E, and to cancel the provisional seizure of creditors F, the remainder shall be appropriated to the amount of the deposit, and the remainder shall be paid to the seller.

(2) The seller shall issue all documents concerning the transfer of registration to the buyer at the same time as the contract and the buyer shall register the transfer of ownership immediately.

(3) Upon completion of the ownership registration, the buyer shall, without delay, replace the auction and collateral security of the Nonghyup Bank proceeding with the loans of other financial institutions.

(4) If a loan to the Nonghyup Bank is fully paid, the buyer exercises the right to collateral security against a third party designated by the seller, after deducting the full payment of the loan from the intermediate payment to the seller and the balance.

B. At the time of the conclusion of the instant sales contract, the instant real estate was established as follows.

In addition, D applied for the commencement of voluntary auction on May 10, 2012, and received the decision on commencement of voluntary auction (Jongyang Branch G for Goyang Branch District Court) and E applied for the commencement of voluntary auction and received the decision on commencement of voluntary auction on October 9, 2012.

(J) The 1st guidance agricultural cooperative is in this case.

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