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(영문) 서울중앙지방법원 2015.10.07 2015가합501093
매매대금
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. Facts of recognition;

A. L (the husband of Defendant C), Defendant B, D, E, G, H (former M), I, and J8 agree to form a cooperative movement association around 2008 (hereinafter “instant cooperative”), establish a corporation, purchase the factory site in the name of the corporation, and then use the factory site according to the internal share, and members agreed to use the factory site.

B. The instant association was introduced as the representative of L, and the factory site to be purchased by appointing Defendant B as the general secretary, and the real estate consulting service provider N to introduce 29,754 square meters of O forest land owned by the Plaintiff, which was the land transaction permission zone (hereinafter “the instant forest land”).

C. On April 4, 2008, the Plaintiff and Defendant B drafted a sales contract stating that the seller shall be KRW 4.5 billion (in the event of a contract with KRW 50 million, an intermediate payment of KRW 30 million, an unpaid payment of KRW 4.15 billion, and an outstanding payment of KRW 4.15 million) of the sales price to the Plaintiff, the buyer, the Defendant B, and the sales price for the instant forest, and the remainder of KRW 4.15 billion, and the special terms and conditions of the contract stating that “the land transaction permission for the instant forest shall be prepared and attached under mutual agreement after obtaining a land transaction permission for the instant forest.”

(hereinafter referred to as “the first sale contract”). D.

After the Plaintiff and Defendant B, the Plaintiff, and the Plaintiff, as the buyer, shall again cooperate with the Plaintiff, Defendant B, and Defendant B, as the buyer, and the sales price of KRW 4.5 billion shall be KRW 4.5 billion (the remainder of KRW 350 million and the remainder of KRW 4.150 million shall be each due date), and the sales contract, which entered into a special agreement with the following terms and conditions, retroactively as of April 4, 2008:

(hereinafter referred to as “the second sale contract”). The above land is a planned control area, military installations protection area, and forest land within the area of land transaction permission. Special terms and conditions

3. The contract shall be concluded with the purchaser and nine other persons, and each Do Governor shall complete the registration of ownership transfer as a new incorporated juristic person with any balance received when the purchaser establishes a juristic person under the cooperative industrial complex agreement.

4.The down payment shall be paid by the buyer at 15 per cent of the purchase price within seven days after the buyer obtains the military consent.

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