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(영문) 서울남부지방법원 2020.06.05 2019가합113988

계약금 등 반환

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The Defendants, on April 8, 2017, entered into a trading agreement and the first sales agreement; 1) The Defendants are D Co., Ltd. (hereinafter “D”).

(E) the E Association (hereinafter referred to as the “E Association”);

) the buildings listed in the separate sheet and the attached list (hereinafter referred to as “instant building”).

(2) On April 28, 2017, the Defendants entered into a trading agreement with D and E associations to pay the total purchase price as KRW 1.3 billion on the date of the agreement, and KRW 200 million on April 28, 2017, which is the date of the conclusion of this agreement. (2) The Defendants entered into this agreement under the trading agreement with D and E associations on April 28, 2017.

hereinafter referred to as "the primary sales contract".

() The main contents of the first sales contract are as follows. The Defendants B: D and E Cooperatives Article 3 (Sales Price and Payment Method) of the total sales price is KRW 1.3 billion; and Eul shall pay the said sales price to Gap as follows: (i) down payment and intermediate payment KRW 100 million on April 8, 2017; and (ii) additional KRW 200 million on April 28, 2017.

② Of the above KRW 300 million, KRW 130 million is the down payment, and the remainder KRW 170 million is the part of the intermediate payment.

2) Any balance (1) Any balance shall be paid KRW 1 billion to Company A at the time of receiving all documents necessary for registering the transfer of ownership to the instant building from Company B. (2) Any balance payment date shall be until July 10, 2017. < Amended by Act No. 4 [Transfer of Ownership] ① A pays any balance to Company B, and at the same time, Company A makes a registration of the transfer of ownership to the instant building to D (where a trade name is changed, the changed company) designated by Company B. ② A may substitute the obligations under paragraph (1) by delivering all documents necessary for the registration of the transfer of ownership to the instant building to the attorney’s office or certified judicial scrivener office designated by Company B.