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(영문) 서울중앙지방법원 2020.11.12 2019가합566999
원상회복 및 손해배상 청구
Text

The Defendants jointly pay to the Plaintiff KRW 350,000,000 and interest thereon from October 23, 2019 to the date of full payment.

Reasons

1. Basic facts

A. On July 18, 2016, the Plaintiff entered into a sales contract with the Defendants to purchase KRW 6,50,000 and KRW 350,000 (hereinafter “instant sales contract”) for a new apartment building project, the Plaintiff paid the Defendants a down payment of KRW 350,00,000,000 on August 2, 2016.

Article 1 (Purpose of Contract) The purpose of this contract is to purchase all of the instant real estate owned by the Defendants and promote multi-family housing construction projects, and the interpretation of each provision is equivalent thereto.

Article 2 (Sale Price and Method of Payment)

1.The buyer agrees to pay to the seller the total purchase price, the down payment, and any balance of the above mentioned real estate and buildings, as follows:

Provided, That value-added tax on buildings shall be separately imposed.

Total purchase amount: 6,500,000,000

3. The remaining payment date of this Agreement (hereinafter referred to as “the date of the contract”) shall be payable within 180 days from the date of the contract.

Provided, That where the period of authorization and permission is delayed, it may be extended.

Down Payment: 350,000,000 won in case of a contract, remaining payment: 6,150,000,000 won in case of a contract, and payment within 6 months after the contract is made (cancellation of rights other than ownership and disposal of tenants)

4. The Governor shall cancel all third parties' rights to limit the use of land, such as mortgage, right to lease on a deposit basis, right to lease on a deposit basis, provisional seizure, etc. established on the sold and purchased real estate by the date on which the remainder payment is made, and shall transfer the tenants, occupants, users, etc. located in the

6. Where the Defendants failed to perform their obligations under the above 1, 2, 3, 4, and 5 until the date of the remainder agreement, the Plaintiff may, in lieu of the purchase price, cancel the rights established by subrogation for the relevant creditors on behalf of the Defendants. In this case, the Defendants are the Plaintiff.

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