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(영문) 서울동부지방법원 2021.01.13 2019나20490
기타(금전)
Text

The plaintiff's claim that is changed in exchange from the trial is dismissed.

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

Reasons

1. Basic facts

A. On May 18, 2015, the Plaintiff entered into the instant sales contract with the husband C (hereinafter “Defendant, etc.”) of the Defendant and the Defendant on May 18, 2015, attached Form owned by the Plaintiff.

1. The sales of each of the real estate listed in the real estate list (hereinafter “each of the instant real estate”) at KRW 2.34 billion was determined as the sales price, and the intermediate payment of KRW 500 million was concluded on June 30, 2015, and the remaining KRW 1.64 billion was paid on August 10, 2015 (hereinafter “instant sales contract”).

At the time of the conclusion of the instant sales contract, on December 7, 2005, each of the instant real estate was registered for establishment of collateral security (hereinafter “registration for establishment of collateral security”) which was completed by the Seoul Eastern District Court No. 106530 on December 7, 2005, the maximum amount of claims KRW 585 million for creditors E Co., Ltd. (hereinafter “F”) (hereinafter “registration for establishment of collateral security”) which was completed by the registration office No. 106530 on December 5, 2013, the Seoul East District Court rendered a decision of compulsory commencement of auction (hereinafter “registration for establishment of collateral security”) by filing an application for registration for establishment of collateral security (hereinafter “registration for establishment of collateral security”) which was completed by the registration office No. 5874 on February 7, 2012 with the creditor E Co., Ltd., Ltd., which was completed by the registration office No. 9136 on December 5, 2013.

Upon entering into the instant sales contract, the Plaintiff agreed to cancel both the registration of the establishment of the first and second right to collateral security and the decision to commence the auction of the instant case until the remainder date.

B. The Defendant et al. paid the Plaintiff the down payment KRW 200 million on the date of concluding the instant sales contract, and the intermediate payment KRW 500 million on June 30, 2015, respectively.

However, until August 10, 2015, the remainder date of the instant sales contract, the registration of the establishment of the first and second collateral security rights and the registration of the decision to commence the auction of this case was not cancelled.

Accordingly, the Plaintiff, Defendant, etc. paid the remaining amount of KRW 1.64 billion in the instant sales contract on August 10, 2015.

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