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(영문) 대전지방법원서산지원 2019.02.21 2017가합51237

추심금

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 May 10, 2005, J and Defendant B and C to purchase the instant real estate in which Defendant B and C shared 1/2 shares on May 10, 2005 (hereinafter “instant sales contract”). The term “instant sales contract” refers to a sales contract under which Defendant B and C shared 1/2 shares (hereinafter “instant sales contract”).

A) Around that time, Defendant B and C paid KRW 570 million in total to Defendant B and C as down payment and intermediate payment. (2) The instant real estate was designated as a land transaction permission area, and the J introduced K Co., Ltd. (hereinafter “K”) to Defendant B and C as a new purchaser subject to land transaction permission.

3) After that, J, Defendant B, and C decided to cancel the instant sales contract, and on October 1, 2007, the following agreements are concluded (hereinafter “instant agreement”).

A. Before 200:

1. Defendant B and C agree on the instant sales contract.

2. Defendant B and C are the refund of down payment, intermediate payment, etc. upon termination of the instant sales contract to J, and the amount calculated by the following methods at the time of the payment of the remainder under the sales contract with K:

(1) In the event that a sales contract with K was established and the remainder is actually paid, the amount equivalent to 9/22 out of the purchase amount less all public charges, such as capital gains, etc., shall be paid.

The down payment and intermediate payment 570 million won shall be separately paid.

Article 22(1) of the Act provides that if the sale contract with K becomes null and void due to the failure to meet the terms of land transaction permission, etc. or the contract is terminated due to other reasons, the land of the said subject matter shall be sold to a third party under the agreement between the defendant B, C, and J, and if the sale amount exceeds 70,000 won per