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(영문) 춘천지방법원영월지원 2019.02.20 2018가단10987
토지인도
Text

1. The defendant remove the building indicated in the attached list to the plaintiff, and deliver the land of 3,468 square meters in the Gangseo-gu, Gangwon-do.

2.

Reasons

1. Basic facts

A. On September 21, 2017, the Plaintiff and the Defendant concluded a sales contract with respect to 29,589 square meters of Gangwon-do C Forest and C Forest and 29,589 square meters (on October 13, 2017, divided into 3,468 square meters of C forest and 22,961.7 square meters of D forest, 1,530 square meters of E forest, 1,554.5 square meters of F forest and 75.2 square meters of G forest and 75.2 square meters of forest, respectively) as follows:

(hereinafter “instant sales contract”). [Contents of the contract] Article 1: Sales price of KRW 4.1 billion; down payment of KRW 96 million shall be paid on the date of the contract; and the intermediate payment of KRW 200 million shall be paid on November 15, 2017 (Advance payment of KRW 100 million) and the remainder of KRW 184 million on March 30, 2018.

Section 6:In the event of the seller's breach of contract, the seller shall reimburse the amount equal to the down payment and the prepaid construction cost, and the total amount of financial interest and expenditure with penalty, and the buyer shall not waive the down payment and claim the return thereof.

[Matters] Paragraph (1) of the same Article: As of September 21, 2017, the seller shall bear interest on the secured obligation, etc. of the H union’s collateral by the time the obligation is succeeded; and the seller shall pay interest of KRW 13,00,000 to the seller as of the end of each month; and shall not be deducted from the purchase price.

Paragraph 2: As of October 13, 2017, any balance shall be the Bank collateral obligation (creditorH Association KRW 3 billion), the personal collateral security obligation (creditor I.100 million), the provisional attachment obligation [he creditor Co., Ltd., Ltd., K Co., Ltd., and hereinafter referred to as “K, regardless of whether before or after the mutual change.”

(C) set-off against KRW 520 million.

Provided, That bank loans shall be succeeded before the transfer of ownership.

Paragraph 3: Upon the failure of the intermediate payment, the contract shall be terminated, and the buyer shall waive the down payment.

In addition, provisional registration that has been replaced is cancelled.

Paragraph 4: The buyer shall waive the right of authorization and permission held until the time when the contract is not performed and all buildings, etc. installed on the land and transfer them to the seller without any condition.

B. On September 2017, the Defendant: (a) made the Plaintiff as the owner of the building on the ground of the said C Forest Land No. 3,468 square meters (hereinafter “instant land”).

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