beta
(영문) 서울중앙지방법원 2017.06.28 2016가합554001

매매대금반환

Text

1. The plaintiff's claim is dismissed.

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

Reasons

Basic Facts

On May 1, 2013, the Defendant, including the conclusion of the instant sales contract, concluded a sales contract between the Plaintiff and the Plaintiff, which sells to the Plaintiff various corporeal movables in the instant farm as KRW 2.2 billion, and KRW 200 million, and KRW 1.6 billion, the following special terms (hereinafter referred to as “the instant sales contract”) regarding the payment of the purchase price: (a) the Defendant set the following special terms (hereinafter referred to as “special terms”) with regard to the payment of the purchase price:

1. A down payment of KRW 400 million shall be deposited into the passbook C by a certified judicial scrivener once, and a buyer (the plaintiff and the same shall apply hereinafter) shall pay KRW 400 million to the seller (the defendant; hereinafter the same shall apply) after having inspected the pigs of the farm in this case; and

2. The seller will have a minimum of 1.5 billion won loan to the buyer in the future.

3.3 billion won of loans set up by joint security is to be terminated.

3. Where the above item is not observed, the contract shall be null and void and the down payment shall be immediately refunded 400 million won.

4. The buyer shall occupy the farm in this case and have all management and shipment rights.

5. To transfer to a purchaser all the rights related to the permit and license of a farm, such as the ownership of corporeal movables (one skiing counter, one cream, one cream, two Belgium presses, and all the objects attached to a building), and the permit for treatment of excreta in connection with the raising of a farm, and the permit for raising a farm, to transfer to a purchaser all the rights related to the permit and license of a farm;

6. In addition to immovable property, other corporeal movables shall be sold and purchased with the amount of KRW 20 million and KRW 1.6 billion in the amount of the live money.

7. The buyer shall pay the down payment and at the same time make the registration of ownership transfer to the buyer, and the corporeal movables and living money shall belong to the buyer.

8. All matters pertaining to advanced trading companies for the right to collateral security.