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(영문) 창원지방법원마산지원 2016.01.29 2015가합100242

양수금

Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. Basic facts

A. On June 27, 2014, Geumo Co., Ltd. (hereinafter “ Geumo”) entered into a provisional contract with the Defendants on the instant land E and 14 lots (hereinafter “instant land”). < Amended by Presidential Decree No. 25134, Jun. 27, 2014>

The gold and the Defendants agreed to pay the purchase price of KRW 2.725 million to the Defendants on June 27, 2014, the provisional contract amount of KRW 20 million to the down payment at the time of the conclusion of this contract, and KRW 270 million to the Defendants on July 31, 2014, and KRW 2.45 billion to the remainder amount of KRW 2.5 million on August 29, 2014, respectively. On June 27, 2014, the Defendants paid KRW 20 million to the Defendants on June 27, 2014.

B. On July 31, 2014, the Defendants entered into a sales contract under the said provisional contract (hereinafter “instant sales contract”) with the Defendants, and agreed to pay the balance of KRW 2.5 billion on the date of the contract (i.e., purchase price of KRW 2.725 million - KRW 25 million - KRW 20 million - the balance of the sales price of KRW 2.5 billion - the amount of this contract to be paid on September 30, 2014.

On the same day, 200 million won was paid to the Defendants on the same day.

C. 1) On September 24, 2014, the Defendants: “At the time of the conclusion of the instant sales contract, the Defendants obtained the permission for the establishment of a factory from the head of Haan Gun by sufficient agreement with the adjacent props at the time of granting the permission for the establishment of a factory; and the business entity only filed a civil petition for the progress of the construction of a new factory after the alteration into gold and the completion of the sales procedure; however, the Defendants confirmed to neighboring F does not have any consultation with the two payments regarding the permission for the establishment of a new factory of the instant land. Since the instant sales contract is a contract based on the premise of the construction of a new factory, the instant sales contract was issued with a written confirmation that they would not file a civil petition due to nearby F and G excavation work until September 30, 2014,” and sent a written notice to the Defendants by the FF by the date of September 10, 2014 and October 2014.