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(영문) 창원지방법원 2014.04.09 2012가합921
소유권이전등기
Text

1. As to each real estate listed in the separate sheet from the Plaintiff, Defendant B was caused by sale and purchase on June 20, 201.

Reasons

1. Basic facts

A. A. Around May 16, 2008, D borrowed a total of KRW 1160 million from Defendant B, E, F, and G (hereinafter “creditors”) from around 2007 to March 2009, including borrowing KRW 300 million from Defendant C through Defendant C.

B. At the time of the above loan agreement, the Plaintiff jointly and severally guaranteed the obligees' debts of KRW 1160 million as D, and completed the registration of creation of a mortgage on part of the I building located in Sung-si, Changwon-si (hereinafter "I building") in order to secure this.

C. On December 8, 2009, the Plaintiff and D prepared a letter of payment to C, the representative of the creditors, stating that “The principal of KRW 1160 million is KRW 160 million, interest rate of KRW 30% per annum on December 30, 2010 due, and the debtor D and joint guarantor are the Plaintiff.” On February 27, 2010, the Plaintiff and D made it a letter of payment to C, the creditor representative of the creditor, stating that “The amount of KRW 1160 million per annum and interest rate of KRW 30% per annum shall be paid by February 27, 2011.”

On July 20, 2011, the Plaintiff agreed to transfer the creditors’ representative C and the above KRW 1160,000,000 to the sale and purchase of the I building and agreed to transfer the creditors’ 1,2,3, and 4 floors of the I building to the sale and purchase. On July 20, 201, the Plaintiff concluded a sales contract with each J, F, Defendant B, and K for the buyers of the above 1 through 4 floors.

Defendant B decided to purchase Nos. 301 and 302 among them (hereinafter “instant real estate”). As to the instant real estate and C delegated by Defendant B, the Plaintiff drafted a sales contract (hereinafter “instant sales contract”) with the following content as of June 20, 201 as follows as to the instant real estate:

Article 1. Buyer of the Real Estate Sales Contract shall pay the sale price of the said indicated real estate to the seller as follows:

- Sales amount of KRW 843,00,000 (contracts and part payments - blanks) - gold of KRW 643,00,000 shall be paid on July 20, 201.

Article 2. The seller's balance of the purchase price.

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