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(영문) 서울남부지방법원 2012.10.26 2011가합21588
계약금등 반환
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 October 16, 2003, the Plaintiff: (a) changed the trade name on March 24, 2009 to Defendant B; and (b) divided the part of its sales business into the company that newly establishes Defendant C; (c) the Plaintiff concluded a sales contract with respect to five old accounts (hereinafter “each of the instant sales contract”) from the Guro-gu Seoul Metropolitan Government D shop (hereinafter “instant commercial building”); (d) Nos. 199, 200, 201, 202 (hereinafter “instant commercial building”); and (d) Nos. 665 (value 192, 828,09,090) (value 156,45,000 won of supply price of each of the above commercial buildings); and (e) the sales contract with respect to the commercial building of the former five accounts (value 192, 828,090 won).

B. Pursuant to each of the sales contracts of this case, the Plaintiff: (a) as part of the sales contract of this case, the sum of KRW 15,640,00,00 for the down payment of KRW 15,640,00 for each of the down payment of KRW 665 for the commercial buildings of this case and KRW 81,840,00 for the total of KRW 19,280 for the commercial buildings of this case; and (b) the total of KRW 26,162,50 for the commercial development expenses agreed to be borne by the buyer pursuant to Article 6 of the sales contract of this case; (c) KRW 26,162,50 for the total of KRW 19,200 for the commercial building of this case; (d) KRW 209,200 for the commercial development expenses of KRW 1,665,000 for the commercial buildings of this case; and (e) KRW 209,200 for each of the intermediate payment of this case; (e) KRW 96162,2009,201,209.

C. Meanwhile, according to each of the instant sales contracts, the Plaintiff paid intermediate payments to the instant commercial buildings in six installments from February 25, 2004 to June 15, 2006. Article 15(1)1 of the instant sales contract provides that the buyer of the instant commercial buildings shall pay intermediate payments, balance, development costs, and other expenses.

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