계약금반환 등
1. The plaintiff's claims against the defendants are all dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Presumed factual basis
A. On June 5, 2007, the Plaintiff: (a) purchased the amount of KRW 4,581,432,000 from Defendant A for the purpose of apartment development project; (b) on the date of the contract, KRW 458,143,200, the remainder of KRW 4,123,288,80 on the date of the contract; and (c) entered into a sales contract with Defendant B to pay each of the remaining amounts of KRW 4,123,28,800 on November 30, 207; and (d) concluded a sales contract with Defendant B to purchase the land of KRW 50,00,000,000 from Defendant B for the purchase price of KRW 50,00,000,000 on the date of the contract; and (d) concluded a sales contract with each of the instant cases to pay the remainder of KRW 450,00,00 on the date of the contract (hereinafter collectively referred to as “each of the instant land and buildings”).
The main contents of each of the instant sales contracts are as follows.
Article 6 (Cancellation of Other Rights than Ownership) (1) In the event that a limited real right (including collateral mortgage, superficies, right to lease on a deposit basis, provisional seizure, provisional disposition, etc.) has been established on the above real estate by the third party’s right, etc. until the remainder payment is made, the Defendants shall cancel all the matters (including tenants) that are restricted in the transfer of ownership and the use of land at the expense of the Defendants. If the Defendants fail to cancel the limited right by the due date of the remainder payment, the Plaintiff may pay the limited right arbitrarily on the basis of the amount entered in
At this time, the defendants cannot raise an objection to the appropriateness of the cost following the termination of the limited right, and the explanation of the tenants shall be completed under the responsibility of the defendants.
Article 9 (Transfer of Ownership) The Defendants shall prepare all documents necessary for the registration of transfer of ownership in the name of a person designated by the Plaintiff and deliver them to the Plaintiff at the same time as the payment date of the remainder is made.
§ 11.