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(영문) 수원지방법원안산지원 2015.04.23 2014가합23628
소유권이전등기
Text

1. The defendant shall receive KRW 1,620,00,000 from the plaintiff, and at the same time, shall be stated in the attached list to the plaintiff.

Reasons

1. Basic facts

A. On April 28, 201, the Plaintiff entered into a sales contract for the original Defendant is the Plaintiff’s pro-friendly relationship, a proxy, as the Plaintiff’s agent.

B Through B, the Defendant purchased the land and buildings listed in the attached list (hereinafter collectively referred to as “instant real estate” in total of the above land and buildings) from the Defendant in KRW 1.8 billion, and paid KRW 180 million as the down payment on the same day, and the remainder KRW 1.620 million as the down payment after one year ( April 27, 2012), and the Plaintiff paid KRW 600,000 per month to the Defendant in return for the possession of the instant real estate from May 1, 201 to the delivery of the said real estate.

(hereinafter referred to as “instant contract.” On May 1, 201, the Plaintiff and C, according to the said contract, installed a factory machine under the trade name D, a delivery of the instant real estate, and operated the factory. On September 15, 2011, the trade name was changed to F on November 23, 2012, where the location of the instant real estate is the head office.

The term “E” is only called “E.”

B. The Plaintiff was the representative director of the Plaintiff from March 2012 to April 25, 2012. G was the said company’s representative director from March 16, 2012 to June 18, 2012. The Defendant was the said company’s representative director from June 18, 2012 to August 17, 2014; and C was the said company’s representative director from August 17, 2014 to August 17, 2014. The Defendant was the said company’s representative director from the end of having contacted several banks to obtain a loan of the instant real estate as collateral. The Plaintiff was the debtor and obtained approval for the loan of KRW 1.62 million from the national bank ( April 27, 2012).

However, on April 27, 2012, E had not been executed because it did not have a written statement to the National Bank, and the Plaintiff did not pay the remainder to the Defendant.

C. On May 1, 2012, the Defendant notified the rescission of the instant contract and the subsequent one, the Defendant terminated the instant contract with the Plaintiff and E on May 1, 2012.

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