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(영문) 서울동부지방법원 2018.02.22 2016가합106856
정산금등
Text

1. The Plaintiff (Counterclaim Defendant)’s principal claim against the Defendant (Counterclaim Plaintiff) and the Defendant (Counterclaim Plaintiff)’s claim against the Defendant C.

Reasons

1. Basic facts

A. The plaintiff, defendant B, etc. was related to the sales contract of the plaintiff, defendant B, etc. 1) D (hereinafter "D").

(2) The Plaintiff and the Defendant B are the buildings of 1,694 square meters and their 2-story from February 2, 2009, Gyeyang-gu E religious site in Gyeyang-gu, Seoyang-gu and the buildings of 1,694 square meters and their 2-story

2) The term “F” in this case’s charnel is the same as the term “F”’s charnel.

A) The Plaintiff jointly operated the instant real estate. At the same time, D, etc. entered into the instant sales contract with D, etc., the Plaintiff shall pay the remainder of KRW 2.7 billion in total, and KRW 2.3 billion in the second intermediate payment by August 7, 2009, and KRW 4 billion in the remainder by September 10, 2009. D, etc. simultaneously with the payment of the remainder by the Plaintiff, upon entering into the instant sales contract, transferred the instant real estate and the instant charnel house management and operation rights to the Plaintiff, and run under the Plaintiff’s responsibility. However, in the event that the Plaintiff fails to pay the second intermediate payment and the remainder, management and operation rights are recovered by D, etc.) and D, Defendant B (hereinafter collectively referred to as “D, etc.”) purchased from D, etc. on May 29, 2009, the Plaintiff purchased the instant real estate and charnel house (including at least 180,000,000).

(hereinafter “instant sales contract”). The main contents of the instant sales contract are as follows.

3) On May 29, 2009, the Plaintiff paid D, etc. a total of KRW 2.7 billion for the instant sales contract and the first intermediate payment. Around June 30, 2009, the Plaintiff borrowed 2.9 billion from H association and repaid the said obligations to the G bank. At the time, the Plaintiff, at the H association’s representative, subscribed to two installment savings (10 million won in total, 3 years in total) in the name of J as the representative of the H association, and subscribed to the said loans and installment savings in the name of J (hereinafter “instant loans and installment savings”).

4) Since then, the Plaintiff made the instant sales amount to D on August 19, 2009.

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