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(영문) 부산지방법원 2016.12.14 2015가합50210

구상금

Text

1. The Plaintiff:

A. The Defendants are jointly and severally liable for 93,225,299 won and 60,525,299 won among them. From January 5, 2016.

Reasons

1. Basic facts

A. 1) On June 15, 201, the Plaintiff entered into a sales contract with Defendant C, as well as the Plaintiff, on June 15, 201, to Defendant C, the Plaintiff is 4,420 square meters of forest land and E forest land and 600 square meters (hereinafter “each of the instant real estate”).

) A contract to sell 720,000,000 Won (hereinafter “instant contract”).

AB concluded the agreement.

Defendant C paid to the Plaintiff a down payment of KRW 30 million on the date of the contract, and KRW 70 million on June 20, 201, respectively, and Defendant C paid the remainder of KRW 620 million on each of the instant real property to the Plaintiff within one month after leaving the building on each of the instant real property.

The main contents of the instant sales contract shall be the special agreement.

1. The remainder shall be treated within one month after the completion of a building;

3. The sum of KRW 30,000,000,000,000,000 first and additionally, shall be deposited in the passbook on June 20, 2011.

4. To terminate the creation of a collateral security simultaneously with the payment of any balance and to transfer ownership by furnishing documents necessary for ownership transfer.

5. When registration of initial ownership of a building is made, the purchaser shall bear the registration tax;

6. The buyer shall bear the transfer tax of the building when it occurs; and

7. In the event that the establishment of a collateral security by the Busan Bank is not terminated, this contract shall be null and void and the down payment shall be refunded.

10. The purchaser shall bear all the costs incurred in the construction of a building;

11. An amount refunded of value-added tax generated in the name of the project owner (seller or plaintiff) when construction is conducted shall be paid to the purchaser of the building;

The following shall be:

2) Defendant C paid the Plaintiff a down payment of KRW 100 million, and the Plaintiff and Defendant C completed each of the instant real estate buildings, and then Defendant B (hereinafter “Defendant Company”).

(3) On April 6, 2012, the Defendant Company concluded a contract for construction in the name of F, a company operated by the Plaintiff, with the establishment of a building on each of the instant real estate under the name of F, a company, and the establishment of a building on each of the instant real estate.