beta
(영문) 부산지방법원 2019.01.23 2018가합41941

청구이의

Text

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

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

Reasons

1. Facts of recognition;

A. Status 1 of the parties is the Plaintiff Company A (hereinafter “Plaintiff Company”).

(B) The Plaintiff Company F (hereinafter “F”) is a corporation established for the purpose of real estate lease business, real estate management business, etc., and the Plaintiff Company F (hereinafter “F”) is the representative director of the Plaintiff Company, and Defendant D is the F’s internal director.

B. On June 13, 2016, F and G companies: (a) “F” is deemed, from G Co., Ltd. on June 13, 2016, the Busan-gu H 762.9 square meters; (b) I roads 68.6 square meters; and (c) J 6.4 square meters (hereinafter “instant real estate”).

(2) The Plaintiff purchased 4.12 billion won for the purchase of 4.12 billion won, and the down payment of KRW 410 million shall be paid KRW 3.71 billion on the date of the contract, and the remainder of KRW 3.713.9 million on September 13, 2016, respectively, and agreed that the buyer may change before the remainder due to a special agreement (hereinafter “instant 1 sales agreement”).

(2) Accordingly, F paid 410 million won to G Co., Ltd. on June 13, 2016.

C. F and K Co., Ltd. (hereinafter “K”) 1) F are K Co., Ltd. on September 17, 2016 (hereinafter “K”).

3) The Plaintiff transferred the status of purchaser under the First Sale Contract (hereinafter “instant transfer contract”) to the Plaintiff.

Article 2 (Date of Transfer and Acquisition by Transfer and Payment)K shall pay F the total of KRW 400 million transfer and acquisition amount and KRW 800 million transfer and acquisition amount, including gains from real estate investment, and the due date shall be paid within 15 days after the completion of the building: Provided, That the payment date shall be active cooperation at the request of K: Provided, That Article 3 (Notice of Extension of Payment of any Balance of Land) (1) The extension date of the remainder date of the real estate sale and purchase contract shall be extended by October 31. The performance bond of this Agreement under Article 6 (Method of Guarantee of Performance) shall be KRW 50,000,000, and K shall be deposited into the designated account of the F, and necessary measures (such as settlement of mortgage, guarantee insurance, etc.) shall be taken within 10 days after the remainder payment.