(영문) 인천지방법원 2019.09.18 2018가단241624

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(영문) 인천지방법원 2019.09.18 2018가단241624

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1. The Defendant (Counterclaim Plaintiff) receives KRW 62,03,307 from the Plaintiff (Counterclaim Defendant) and the Plaintiff (Counterclaim Defendant) attached hereto.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Facts of recognition;

A. On December 16, 2015, the Plaintiff purchased each real estate listed in the separate sheet (hereinafter “each of the instant real estate”) from the Defendant in the purchase price of KRW 661,760,000 (hereinafter “the instant sales contract”). The down payment of KRW 60,000,000 on the date of the contract, and the Defendant’s succession to the obligation of collateral security (principal KRW 350,000,000; hereinafter “the obligation of collateral security in this case”) that the Defendant owes to C with each of the instant real estate as collateral (the instant sales contract states that “the purchaser succeeds to the principal KRW 350,00,000,000, KRW 10,0000, KRW 100,000, KRW 1000,000, KRW 100,000, KRW 200, KRW 16,0000, and the remainder of the intermediate payment of each of the instant real estate shall be delivered to the Plaintiff.

B. The main contents of the instant sales contract and the special agreement are as follows.

A. Article 2 (Transfer, etc. of Ownership) of the Republic of Korea is to deliver all documents necessary for the registration of transfer of ownership to a purchaser simultaneously with the receipt of any balance of the purchase price, and to cooperate with the registration procedure, and the delivery date of the said real estate shall be February 11, 201

(2) On January 5, 2016, the registration of the right to claim the transfer of ownership made under Section 6494, which was received on March 13, 2014, is cancelled at the same time as the second half of the year prohibition, and the payment of the intermediate payment is to be deposited into the person entitled to provisional registration (not accepted).(4) On January 26, 201, the mortgage No. 2677 and the superficies No. 2678, which was received on January 26, 201, shall be succeeded to by the buyer.

C. On December 6, 2015, the date of contract, the Plaintiff’s contract deposit is 60,000.

유사 판례

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