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(영문) 부산지방법원 2016.04.21 2015가합47764

손해배상

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. In around 2003, the Plaintiff agreed with Defendant C that “When Defendant C purchased the land of KRW D (hereinafter “each land of this case”) in the Chungcheongbuk-gun, the Defendant B Co., Ltd. (hereinafter “Defendant Company”), the Plaintiff carried out the housing construction project (hereinafter “instant project”) on each land of this case under the name of the Defendant Company.”

B. Accordingly, the Defendant Company established on October 9, 2003, and the Defendants purchased each of the instant land, and the Plaintiff promoted the instant project, including obtaining approval for the housing construction project plan under the name of the Defendant Company.

C. Following the conflict between the Plaintiff and the Defendants regarding the instant business, on June 10, 2013, the Plaintiff agreed to take over the instant business right under the name of the Defendant Company, each of the instant land, and the shares of the Defendant Company, by designating the sales price as KRW 2.7 billion and the loan of KRW 3 households constructed on each of the instant land on each of the instant land.

(hereinafter “instant acquisition agreement”). The timing and method for payment of the purchase price under Article 3

1. Contract deposit: One hundred million won shall be paid simultaneously with the contract; and

2. Part payments: 1.920 million won shall be paid within 10 days from the date of the contract.

3. Balance: 680 million won shall be paid in full within three months from the contract date.

5.The intermediate payments and any balance shall be deposited directly in a bank account designated by C by the seller who provides the secured article at the time of the loan from Nonghyup.

Pursuant to the prior confirmation of a lending bank, the prior confirmation shall be made.

6. At the time of the payment of intermediate payment, the first secured real estate of the seller will be set up in two order until the full payment of the purchase price is made.

Article 4. Seller's obligations

1. Termination (including superficies) of all real estate owned by non-party D, non-party D (the name of the defendant company), all creation of collateral security (including superficies);

2. Cancellation of all provisional registration of E, F and G;

3. To cancel all creation of a mortgage on C-owned real estate located on coastal property.