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(영문) 서울중앙지방법원 2020.02.05 2016가합534946

손해배상(기)

Text

1. Defendant B Co., Ltd. shall pay to the Plaintiff KRW 1,700,000,000 as well as its annual interest from May 13, 2015 to February 5, 2020.

Reasons

1. Basic facts

A. Contract 1 between the Plaintiff and the Defendant B Co., Ltd. (hereinafter “Defendant B”).

On July 9, 2014, Seopo-si, Seopo-si, Jeju Special Self-Governing Province (hereinafter “instant land”) 1303 square meters (hereinafter “instant land”).

A) The Plaintiff acquired ownership. Around May 13, 2015, Defendant C, a representative director of the Plaintiff’s representative director F and Defendant B, is the Plaintiff and Defendant B’s name as follows (hereinafter “instant sales contract”). A contract entered into under the instant sales contract with the following details (hereinafter “instant sales contract”). A contract entered into under the instant first sales contract is “instant first sales contract”.

A) A: Defendant B: The Plaintiff and B enter into a land sales contract and implement it in good faith as follows. The location of land subject to the sales contract under Article 1: Seopo-si E2 in Seopo-do: 1,303m2m2: Payment of the purchase price of land and the purchase price of business rights is KRW 3,40,000 (Won 3,40,000,000).

2) The purchase and sale price of land shall be paid as follows. The sum of 1,700,000,000,000 provisional payment of intermediate payment of KRW 1,100,000 at the time of a loan of intermediate payment of provisional registration of KRW 1,100,000 at the time of the payment of intermediate payment of KRW 3,40,000 on September 15, 2015 shall be KRW 3,400,000,000 at the time of the payment of the said down payment and the procedure for the cancellation of the first collateral security and the compulsory auction and the provisional seizure on land at the time of the receipt of the intermediate payment shall be cancelled at once.

4) In the event that the intermediate payment of KRW 1,100,000 is paid for the intermediate payment of KRW 1,100,000,000 upon the receipt of a loan from a financial institution Eul, the Gap would deliver the documents establishing provisional registration of the sales contract to secure the implementation of the land sales contract.

Article 3 (Transfer of Land Ownership and Transfer of Corporation 1) The land subject to this sale is transferred to ownership under the name of A, and at the time of receipt of the balance of land purchase price, A shall actually complete the registration of land ownership transfer to B, who is the landowner at the request of B.