(영문) 수원지방법원 2013.11.26 2012가단58216

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(영문) 수원지방법원 2013.11.26 2012가단58216

건물명도등

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1. The defendant,

A. Ordering the plaintiffs to provide real estate listed in the separate sheet;

B. From March 16, 2012, the above real estate.

Reasons

1. Basic facts

A. On December 3, 2011, E and the Defendant entered into a sales contract with respect to real estate listed in the separate sheet owned by E (hereinafter “the apartment of this case”) on December 3, 201, stating that the purchase price shall be KRW 450 million, and the down payment shall be KRW 30 million, and the intermediate payment shall be paid KRW 25 million on January 3, 201, and the remainder shall be paid KRW 530 million on March 15, 2012; the Defendant shall succeed to the loan obligation to the Korean Agricultural Cooperative (hereinafter “the instant sales contract”); and the Defendant paid KRW 400,000,000,000, which is part of the down payment of the above sales contract, to E on the same day (hereinafter “the instant sales contract”).

B. At the time of the conclusion of the instant sales contract, the maximum amount of debt regarding the instant apartment was set up in the name of the Gangwon Agricultural Cooperative, which is KRW 416,400,000,000 (hereinafter “the instant mortgage”).

C. The Defendant received a loan from a financial institution and intended to pay the intermediate payment and the balance under the instant sales contract. Accordingly, E and the Defendant, with respect to the instant sales contract, stated the following special terms as follows: (a) the sales contract stating that the down payment is KRW 30 million, the intermediate payment is KRW 25 million, the intermediate payment is KRW 25 million, and the remainder is KRW 148 million; and (b) the sales contract stating the following:

(1) Of the down payment, 4 million won per gold day shall be paid, and the remainder of 51 million won shall be occupied by the Defendant while paying on January 3, 2012.

(2) On January 3, 2012, part of the down payment amounting to KRW 26 million and part payments should be paid simultaneously.

(3) The Defendant’s support to KRW 1 million per month with the loan interest and subsidy for the instant apartment after occupancy until the remainder.

(4) All taxes and public charges will be settled on the basis of the occupancy date.

(5) E will repay a loan as of the date of the balance.

(6) The remainder date is agreed upon by both parties.

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