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(영문) 서울동부지방법원 2015.09.18 2015가단104214
매매대금반환
Text

1. Defendant B (principal Plaintiff) is the Plaintiff (Counterclaim Defendant) of KRW 85,000,000 and its related thereto from January 13, 2015 to March 19, 2015.

Reasons

Basic Facts

Defendant B purchased real estate listed in the separate sheet (hereinafter “instant store”) on August 30, 2008, and completed the registration of ownership transfer with respect to the instant store on September 8, 2008.

On September 17, 2008, Defendant B entered into a mortgage contract with the Korea Exchange Bank (hereinafter “Korea Exchange Bank”) as to the instant store, and completed the registration of establishment of a mortgage on September 18, 2008, including the maximum debt amount of KRW 65 million, and the debtor B, Defendant B.

(B) On April 8, 201, Defendant B concluded a mortgage agreement with the Savings Bank (hereinafter “Deposit Bank”) regarding the instant store on April 8, 201, and completed the registration of establishment of a mortgage on the same day with the maximum debt amount of KRW 45 million and Defendant B, the debtor.

(1) A foreign exchange bank received a decision of provisional seizure of real estate regarding the instant store as Seoul Eastern District Court 201Kadan7561, and on November 22, 2011, registered the entry of provisional seizure.

② On December 20, 201, Gangdong-gu imposed a seizure disposition on the instant store on the grounds of tax delinquency, and completed the seizure registration on January 5, 2012.

(3) The National Health Insurance Corporation shall attach the instant stores on January 4, 2012, and complete the seizure and entry registration on January 5, 2012.

Article 1:The sales price of KRW 170 million shall be paid at the time of the contract, and the intermediate payment of KRW 51 million shall be paid at the time of the contract, and the intermediate payment of KRW 51 million shall be paid on June 26, 2014.

Any balance of KRW 12 million shall be paid on September 3, 2014 (the payment was previously made on July 3, 2014 but was postponed on September 3, 2014).

Article 2: Upon receiving any balance of the purchase price, Defendant B shall deliver all documents necessary for the registration of transfer of ownership to the Plaintiff, and cooperate with the registration procedure, and the delivery date of the said real estate shall be September 3, 2014.

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