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(영문) 서울중앙지방법원 2015.03.20 2013가합74689

계약금 반환 및 손해배상

Text

1. The Plaintiff:

A. Defendant B is KRW 700,000,000 and 5% per annum from October 26, 2013 to March 20, 2015.

Reasons

1. Basic facts

A. The Plaintiff intended to purchase a site for the relocation of a factory as a company engaged in manufacturing and wholesale business of automobile parts, and the Plaintiff intended to purchase a site for the relocation of the factory. On December 12, 2012, the Plaintiff indicated that the seller was “Defendant B’s representative director D et al., ten (10) land for factory as indicated in attached Table 1 list from Defendant D, stating that the seller was “D et al., of the F

(2) As indicated in the separate sheet No. 2 (hereinafter referred to as the “instant building”), each of the instant real estate is referred to as “each of the instant real estate” in the joint title of the said land and building.

(3) The sales price of KRW 500,000,000 is purchased as KRW 3,700,000, and the down payment of KRW 500,000 is agreed to pay the remainder 3,20,000,000 on the date of the contract, as of January 25, 2013 (hereinafter “instant sales contract”).

The down payment of KRW 500,000,000 was paid to Defendant D.

Article 3 of the sales contract of this case provides that the seller shall deliver all documents necessary for the registration of transfer of ownership to the buyer at the time of receipt of the balance and shall cooperate with the registration of transfer. Article 4 provides that the seller shall reimburse a double of the down payment, the buyer shall waive the down payment, and the buyer shall not make a claim for the return of the down payment, and Article 5 provides that the seller shall pay obligations and taxes related to each real estate of this case as of the payment date of the balance.

B. Upon entering into the instant sales contract, the Plaintiff and Defendant D set forth the following “matters of special agreement”:

The sale and purchase of this land is executed by the area of the public land injury, and the sale and purchase contract is concluded only G abutting on the second line of the land development site of the second class, and it is convenient to conclude the sale and purchase contract for the part adjacent to the second line of the land development site of the second class. Defendant B and Defendant C, the title of provisional registration, for convenience, refer to “A” and the purchaser’s special agreement as the purchaser and the Plaintiff’s representative director, but the purchaser of the instant sale and purchase contract