(영문) 창원지방법원 2016.01.20 2014가합34263

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(영문) 창원지방법원 2016.01.20 2014가합34263

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1. The Defendant’s KRW 126,950,00 for the Plaintiff and KRW 5% per annum from August 14, 2015 to January 20, 2016.

Reasons

1. Facts of recognition;

A. On March 25, 2013, the Plaintiff and the Defendant entered into a sales contract with the Defendant, setting the sales price of KRW 1.45 billion with respect to the real estate listed in the separate sheet among the 7th floor buildings located in Changwon-si’s window C (hereinafter “instant building”). Of the down payment of KRW 300 million, KRW 50 million, the Plaintiff paid KRW 20 million on February 27, 2013, the date of the instant sales contract, and KRW 50 million on May 14, 2013, and KRW 50 million on June 14, 2013 (hereinafter “instant sales contract”). The sales contract was concluded as follows:

The purchase price: 1.45 billion won balance: 300 million won: 1.155 million won [the terms and conditions of the contract] Article 2, the buyer shall be liable to all acts, such as directors, intention, etc. against the lessee after the conclusion of this contract.

Article 3 If the purchaser has entered into the above contract, he/she may request twice the contract amount.

[Matters to be agreed upon under a contract] The buyer shall pay the remainder KRW 1150 million to the seller by executing the bank loan to the medical facility after remodeling the building and completing the interior facility, and then altering the purpose of use to the medical facility.

[The lease on a deposit basis and monthly rent] The buyer shall pay the deposit money when the contract is terminated for the store user.

A buyer shall pay a monthly rent to a store, the contract of which is terminated, to the seller until the balance is paid after deducting the down payment.

Bank interest shall be paid until the buyer pays any balance.

(Deposit) Interest of a bank and monthly rent shall be deposited after deducting the amount of the down payment and the deposit money. A seller shall donate a building at the time of the establishment of a medical corporation to a medical corporation, and when the transfer tax is imposed, the buyer shall be responsible

The buyer shall participate in the seller at the time of incorporation of the medical corporation.

B. The lease and lease of the instant building at the time of the instant sales contract.

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