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(영문) 창원지방법원 2016.01.27 2015가합31483
매매대금
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. Nonparty B Co., Ltd. (hereinafter “Nonindicted Co., Ltd.”) is an executor of the instant apartment house construction project in the window C, D, E, and F apartment house in Changwon-si (hereinafter “instant apartment house”).

B. On August 3, 2010, the non-party company entered into a trust agreement with the non-party company on ① 102 Dong 102, ② 102 Dong 103, ③ 202 Dong 102, ④ 303 Dong 102, ⑤ 303 Dong 104, ⑤ 403 Dong 102, 403 Dong 102, 7 403 Dong 103, 403 Dong 104 (hereinafter “instant eight households”) and 63 Dong 17 and 2 complex 13 households, including 403 Dong 103 Dong 104 (hereinafter “instant eight households”): Korean Mutual Savings Bank (hereinafter “Co., Ltd.”), Korea Mutual Savings Bank (hereinafter “Co., Ltd.”); New Real Estate Trust due to the trust agreement; New Real Estate (hereinafter “Co., Ltd.); and (e) New Real Estate Trust due to the trust agreement; and (e) New Real Estate (B) New Real Estate Trust.

C. On November 29, 2013, Fudong Mutual Savings Bank, which is the first beneficiary right, concluded a contract on the purchase of preferential rights with the Plaintiff to transfer the first beneficiary right to the Plaintiff regarding the instant household units, 202, 102, 204, 101, 302, 104, and 301, and 101, with the Plaintiff. On April 29, 2014, Fudong Real Estate Trust, notified the Plaintiff that the first beneficiary right to each of the above households was transferred to the Plaintiff.

On May 27, 2014, the Plaintiff entered into a sales contract with the Defendant for the instant eight households (hereinafter “instant sales contract”) as follows.

The purchase price: KRW 5.2 billion is paid and received at the time of the contract. The balance of KRW 4.2 billion shall be paid in October 22, 2014.

Interest on loans from a credit union after July 22, 2014, which is stipulated in a special agreement, shall be interest.

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