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(영문) 의정부지방법원 2019.01.18 2018가합53504
매매대금
Text

1. The Defendants are from the Plaintiff:

(a) the District Court for the District Court with respect to the real estate listed in paragraph 1 of the Schedule;

Reasons

1. Basic facts

A. The land indicated in Paragraph 1 of the annexed Table 1 (hereinafter “instant land”) shall be the land indicated in the annexed Table 1 (1) of the change of location on the registry of the land and building.

(2) On March 28, 2017, the Plaintiff was divided into KRW 1,435 square meters, and at the time of division, the Plaintiff owned the instant land with E and F. On February 1, 2018, the seat number on the registry of the instant land was changed from “Seoul-si G” to “Seoul-si H”. As for the instant land on March 28, 2018, the Plaintiff owned the instant land independently as the ownership transfer registration was completed due to conciliation on September 9, 2016. (2) At the time of the division of the instant land, the Plaintiff owned the building listed in Section 2 (hereinafter “instant building”).

On April 20, 2018, the location on the registry of the instant building was changed from “Seoul-si, Namyang-si, D” to “Seoul-si H”.

B. 1) On August 19, 2015, the Plaintiff entered into a contract with Defendant B to sell co-ownership shares of the instant land and the instant building at KRW 1.26 billion to Defendant B (hereinafter “instant contract”).

The contract of this case was concluded. The main contents of the contract of this case are as follows. The purchase price of KRW 1.266 billion (the contract amount: KRW 100 million at the time of the contract, the intermediate payment: KRW 400 million on November 19, 2015, and the remainder: the special agreement of KRW 760 million on February 19, 2016.

2. The Plaintiff shall divide his share after the contract and transfer it to Defendant B.

3. The intermediate payment refers to a loan (400 million) made on November 19, 2015.

4. Co-owned property partition and a lessee’s name are entirely liable to the Plaintiff, and in the event of failure, the Defendant B shall return the down payment and compensate 1/2 of the down payment.

6. The Plaintiff’s collateral security (the maximum debt amount of KRW 520 million) and the provisional attachment claim on the registry (J 2000,000, K 600,000) will be cancelled simultaneously with the remainder payment.

9. The balance of all public charges shall be the remainder; and

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