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(영문) 서울고등법원 2016.06.23 2015나2015854 (1)
부인의 청구 인용 결정에 대한 이의의 소
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1...

Reasons

1. Basic facts

A. The Plaintiff is the representative director of D Co., Ltd. (hereinafter “D”) with the purpose of leisure industry facilities, marine passenger transportation services, etc., and is the E spouse who is the actual operator of the said company.

B. On September 24, 2013, the debtor B Co., Ltd. (hereinafter “B”) entered into a sales contract to sell each real estate listed in the separate sheet No. 1 (hereinafter “instant real estate”) owned by the Plaintiff to the Plaintiff for KRW 99,090,910 (hereinafter “instant sales contract”). On the same day, the Plaintiff paid the purchase price of KRW 99,090,910 in full to B, and the main contents of the said sales contract are as follows.

Article 1 In the sale and purchase of the above real estate, the buyer shall pay the purchase price as follows:

The purchase price: When the buyer under Article 2 pays the remainder to the seller, the seller shall deliver all documents necessary for the transfer of ownership to the buyer and deliver the subject matter of the sale to the buyer until September 24, 2013, when the subject matter of the sale is delivered to the seller by September 24, 2013.

Article 3 The seller should terminate the whole right to collateral security, etc. of the goods sold until October 31, 2013 so that the buyer can legally exercise his/her right.

Article 4 Ownership of the goods to be sold shall be transferred from the seller to the buyer at the date of payment of the remaining price.

When one of the buyers or the other parties has violated the contract, the other party shall cancel the contract without any peremptory notice, and when the buyer has terminated the contract at the same time, the contract deposit shall be reverted to the seller, and when the seller has terminated the contract, the other party shall reimburse the buyer of the contract deposit.

Article 7 The seller shall grant a preferential purchase right to each real estate listed in the attached list 2 to the purchaser and the person designated by the purchaser (including a corporation), and the price shall be nine billion won.

C. B: (a) September 25, 2013, indicated in [Attachment I] List to the Plaintiff, respectively.

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