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(영문) 서울동부지방법원 2015.11.13 2015가단8811

매매대금반환

Text

1. The Defendant: (a) KRW 35,700,000 for the Plaintiff and KRW 20% per annum from March 18, 2015 to September 30, 2015; and (b) the Plaintiff.

Reasons

Facts of recognition

B. On November 1, 2013, the Defendant’s conclusion and progress of the Defendant’s sales contract with the land management consulting Co., Ltd. and the Defendant’s sales contract with the land management consulting (hereinafter “land”), the Defendant is the instant contract with the Defendant’s land to sell 645 shares of B Co., Ltd. (C Co., Ltd., Ltd., Ltd., and hereinafter “B”) owned by the Defendant (hereinafter “B”) (hereinafter “this case’s shares”) for KRW 19 million,000,000,000,000 as indicated in the attached list.

AB concluded the agreement.

Article 2:The down payment of KRW 119 million and the intermediate payment of KRW 23.8 million out of the purchase price of KRW 119 million shall be paid and received at the time of the contract, and the balance of KRW 83.3 million shall be paid and received in December 31, 2013.

The balance of Article 1 of the Special Matters shall be paid on the designated date, and if payment is not made due to unavoidable circumstances, the land and the defendant agree to extend it for one month.

Article 3 of the Special Matters shall actively cooperate with the delivery of all necessary documents following the change of the name of shares at the time of receiving the balance of the purchase price.

The contract of Section 1 of Article 6 may be terminated by agreement between the land of the increase and the defendant.

In particular, the provisions of the Civil Code and the Commercial Code and the real estate sale practice should be arranged in accordance with the contents of this contract not provided for in the Section 2 of Article 6.

The main contents of the instant contract are as follows.

In accordance with the instant contract, the land was paid to the Defendant a sum of KRW 35.7 million, including the down payment of KRW 11.9 million and the intermediate payment of KRW 23.8 million.

In today’s land, the Plaintiff borrowed funds from the Plaintiff and paid the said purchase price, and on July 1, 2014, the today’s land entered into a transfer security agreement with the Plaintiff to secure the above loan obligation, and upon cancellation of the instant contract, transfer the land to the Plaintiff with regard to the right to claim the return of the purchase price to be refunded from the Defendant, and on July 1, 2014.

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