계약금 반환 등
1. As to KRW 1,200,000 and KRW 400,000 among the Plaintiff, the Defendant shall pay to the Plaintiff KRW 80,000,000 from June 26, 2013, and KRW 800,00,000.
1. Basic facts
A. The Plaintiff is a corporation that aims at real estate development business, etc., and the Defendant is a corporation that engages in real estate sales and lease business.
B. On June 26, 2013, the Defendant concluded a sales contract with C on behalf of B, and with respect to the purchase price of KRW 4 billion (the contract amount of KRW 400 million on the date of the contract, the intermediate payment of KRW 800 million on July 10, 2013, and the remainder of KRW 2.8 billion on September 27, 2013) to sell to “B and one other” (hereinafter “instant sales contract”).
1. Where any balance is paid, the seller shall transfer the balance to a corporation or individual designated by the purchaser;
2.The intermediate payment may be paid in the name of the legal entity created by the buyer at the time of the payment of the intermediate payment, and the down payment already paid shall be established in a legal entity created by the buyer and the effect of this contract shall also be transferred to
3. Any balance shall be paid with loans from financial institutions;
C. The contract concerning the instant sales contract (hereinafter “instant contract”) contains the following contents as a special agreement.
B transferred the down payment of KRW 400 million to the Defendant on the date of conclusion of the instant sales contract, and on July 4, 2013, F Co., Ltd. (hereinafter “F”).
After July 10, 2013, F, the intermediate payment payment date, remitted to the Defendant an intermediate payment of KRW 800 million.
E. After that, the Defendant prepared documents necessary for filing an application for ownership transfer registration of each of the instant lands in the office of Jungwon, a representative, and requested the Plaintiff to pay the remainder by September 27, 2013, which is the remainder payment date. However, the Plaintiff did not pay the remainder by the said date.
F. The Defendant notified F of the payment of any balance to F by October 23, 2013, and the payment of the balance to F by October 23, 2013, and the payment of the balance by October 23, 2013.