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(영문) 서울중앙지방법원 2018.05.18 2017가단5127640

손해배상(기)

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

In concluding a sales contract to purchase KRW 650 million (hereinafter “instant sales contract”), the contract deposit was paid KRW 37,500,000 on the date of conclusion of the contract.

The shares of the Defendants are Defendant A18,220/78,220, Defendant B and C, respectively. 30,000/78/220.

B. The main contents of the instant sales contract are as follows.

The purchase price: 650,000,000 won: 37,500,000 won for the remainder payment at the time of a contract: 612,50,000 won shall be paid on November 22, 2016.

Article 2 (Transfer, etc. of Ownership) The seller shall deliver all documents necessary for the registration of transfer of ownership to the buyer at the same time as the balance of the purchase price is received, and shall cooperate with the registration procedure, and the delivery date of such real estate shall be November 22, 2016.

Article 5 (Cancellation of Contract) If the buyer does not pay the intermediate payment (if there is no intermediate payment), the seller shall reimburse the sum of the down payment, and the buyer may waive the down payment and rescind this contract.

*Special Agreement

4. The balance date is a conditional contract, which can be changed as with a special agreement.

Matters of special agreement

1. The contract of the present condition and all things are responsible on the side of the destruction.

2. The contract is a conditional contract necessary for solar power generation projects, and the contract is void at the time of notification of the project execution price. The down payment shall be immediately returned within three days and the down payment shall be a statutory interest payment condition at the time of delay.

4. When the buyer becomes aware of performance without any special reasons after the completion of the authorization and permission, the down payment shall revert to the seller, and when the seller fails to fulfill the agreement, he/she shall compensate the buyer for all of the expenses, such as an amount of the down payment, compensation for damage,

5. Permission for development of solar power generation business and notification of permission for mountainous district conversion.