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(영문) 인천지방법원 부천지원 2018.12.07 2018가합102088

매매대금반환

Text

1. The Defendants shall jointly and severally serve as KRW 126,00,000 on the Plaintiff and as a result, from August 10, 2018 to December 7, 2018.

Reasons

1. Basic facts

A. On December 22, 2016, E and the Defendants concluded an agreement on permission for development activities with respect to each land listed in the separate sheet.

(2) The Defendants’ ownership of each of the instant land is the Defendants’ ownership of each of the instant land. However, the Defendants’ ownership of each of the instant land was a third party’s name on the registry.

The land of this case is developed into cultural assembly facilities, such as film theaters, and all costs of building permission are borne by E, and the Defendants are entitled to preferential negotiations with E when the permission is completed.

B. On March 2017, E applied for a building permit, such as a film theater, in the name of the Defendants, to the Macheon City Mayor, but withdrawn the said application on May 2017. On July 8, 2017, E again applied for a building permit, such as a film theater, in the name of Defendant B.

(The above application was withdrawn on October 18, 2017). (C)

On June 15, 2017, the Plaintiff acquired a license for the said film theater construction business from E and the transferee under the contract for the transfer and acquisition of the business entity becomes “Company G,” but there is no dispute between the Plaintiff and the Defendant as to the fact that the actual party is the Plaintiff.

On the other hand, E was in charge of licensing even after the transfer of business.

On July 4, 2017, the project proposal cost of KRW 300,000,000, construction design cost of KRW 58,000,000, and construction design cost of KRW 31,00,000,000.

On September 21, 2017, the Plaintiff and the Defendants concluded a sales contract with the purchase price of KRW 6.3 billion for the instant land.

(hereinafter “instant sales contract”). The first down payment of KRW 200 million is KRW 430 million on September 21, 2017, and the second down payment of KRW 430 million on October 20, 2017, and the remainder of KRW 5.67 billion on January 25, 2018, respectively, shall be paid to each party on January 25, 2018. According to a special agreement, the Defendants shall have the documents necessary for the transfer of ownership until the remainder of the land (Article 2) and the second down payment of KRW 2.