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(영문) 대구지방법원서부지원 2013.08.21 2012가단20301
매매잔금
Text

1. The Defendants shall jointly and severally pay to the Plaintiff KRW 90 million and the amount therefrom from July 25, 2012 to the day of complete payment.

Reasons

1. Basic facts

A. On February 11, 2010, the Plaintiff entered into a contract with Defendant B to sell each of the real estate listed in the separate sheet (hereinafter “instant real estate”) on February 22, 2010 on the purchase price of KRW 1.1 billion and the remainder payment date (hereinafter “the instant first sale contract”). Defendant B received KRW 92 million per contract from Defendant B, including KRW 1.2 million per day, KRW 80 million per contract, and completed the registration of ownership transfer of the instant real estate to the said B. On the same day, Defendant B completed the registration of ownership transfer on the said real estate to Daegu Bank, Inc., the maximum debt amount of KRW 1.3 billion, KRW 1.3 billion, KRW 1.2 million, and KRW 19182, Feb. 25, 2010 on the same day (hereinafter “instant first sale contract”).

B. By February 25, 2011, the Plaintiff received additional payments of KRW 66640,000 from Defendant B and prepared a certificate of borrowing KRW 13,1360,000 in unpaid balance:

3. On March 15, 201, regarding the instant real estate, the maximum debt amount of KRW 180 million was determined as KRW 100,000,000, the mortgagee of the right to collateral security, the Plaintiff, and Defendant B, respectively, and completed the registration of creation of a neighboring mortgage (hereinafter “the registration of creation of a neighboring mortgage”) on the ground of the contract signed on March 16, 201.

C. On May 14, 2012, the Plaintiff’s “10 million won out of KRW 10 million” between Defendant B and D

5.14. Payment shall be made, and the remainder 90 million won shall be repaid after one year.

(Provided, That the maximum amount of a bank shall be KRW 20 million or more when being executed. The maximum amount of a bank shall be KRW 1 billion and the maximum amount of KRW 90 million shall be KRW 180 million.

If the above obligation is not paid by the due date, it shall be paid in two copies per month from the date of issuance of the loan certificate to the last due date of payment.

“A letter of confirmation of the content (hereinafter referred to as “instant letter”) has been prepared, and at the end of the said letter of confirmation.

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