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(영문) 서울서부지방법원 2018.01.18 2017가합33230
손해배상(기)
Text

1. The plaintiffs' claims against the defendants are all dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

1. The objective of this Arrangement is to purchase the real estate of this case, which is currently attracting by Eul (the defendants; hereinafter referred to as the "the defendants") through the auction procedure in order with respect to D and other 9 (the real estate of this case) in Pakistan-si, Gyeonggi-do, where the construction is conducted and currently being held by Eul (the plaintiffs; hereinafter referred to as the "the plaintiffs") or the plaintiffs designated. The defendants receive the agreed amount from the plaintiffs as the lien holder and mutually cooperate.

2. The current status of the objects and owners of the subject matters of this Agreement and the relationship of rights and interests of the owners shall be as specified in the attached Table 2;

3. The Defendants’ custody of the goods is jointly attracting the subject matter of the agreement under Article 2, and it is confirmed that any company (E, F, G, etc. are jointly attracting, but the Defendants are not under custody upon delegation) other than the Defendants.

4. Contract price (1) The Plaintiffs and the Defendants set forth the amount of the claim(s) of the lien against this case as KRW 370,000,000.

(2) The above money shall be paid in accordance with the following methods of payment:

-The down payment of 10%: 50% of the intermediate payment when the contract is concluded - When the plaintiffs or the persons designated by the plaintiffs or the plaintiffs complete the transfer of ownership through the progress of the auction against H or I - The balance of 40%: the time when the plaintiffs or the persons designated by the plaintiffs or the plaintiffs have confirmed the purchase of the whole object of Article 2

5. Possession relation ① When the Defendants received the down payment from the Plaintiffs, they transfer possession to the Plaintiffs at any time at the time, and when receiving 50% of the intermediate payment from the Plaintiffs, they transfer possession to H and I and transfer possession to the Plaintiffs or to the persons designated by the Plaintiffs.

② Notwithstanding the provisions of the preceding paragraph, the Plaintiffs or persons designated by the Plaintiffs own ownership of the subject matter.

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