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(영문) 서울중앙지방법원 2020.02.07 2019가합500265

매매대금반환

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

A. On September 6, 2016, the Plaintiffs entered into the instant contract (i) the Defendants and the Daejeon Seo-gu E-ground Hostel Building (hereinafter “instant real estate”).

(2) The following sales contract to purchase the purchase price of KRW 2 billion (hereinafter “instant contract”) is concluded:

A) The sales amount was concluded. The sales amount of KRW 00,000,000: This KRW is paid in November 15, 2016, in the amount of KRW 200,000,000,000,000,000,000,000,000 for the remainder of payment at the time of the contract. The seller under Article 2 (Transfer, etc. of Ownership) shall deliver all documents necessary for the registration of ownership transfer to the buyer at the time of receiving the balance of the sales amount and cooperate in the registration procedure, and the date of delivery of the said real estate shall be November 15, 2016.

In addition, the parties to the contract may claim damages from the other party due to the cancellation of the contract respectively, and the contract deposit shall be based on the compensation for damages, unless otherwise agreed.

Matters of special agreement

1.The contract shall be made under the present condition of the facility;

2. It includes a business license for the Felel of this building.

3. Succession of the available amount of 1,820,000 won with the maximum debt amount on November 30, 2009 (Buyer’s responsibility)

5. The purchaser shall succeed to a lease contract for a restaurant for the first floor and an underground entertainment tavern.

(Lease Deposit shall be deducted from any balance)

6.This Agreement shall be agreed upon by both parties and shall not include value added tax under the agreement of comprehensive transfer and acquisition.

2) At the time of the instant contract, Defendant D, collective security holder G group, maximum debt amount of 1,820,00,000 on the instant real estate (hereinafter “instant collective security”) is deemed as the instant collective security (hereinafter “instant collective security”).

) The secured obligation (hereinafter referred to as “instant secured obligation”) was established.

Korea was 1.5 billion won.

On the other hand, the instant building.