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Reasons
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(영문) 서울동부지방법원 2017.01.18 2015가합4069
약정금
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1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

Basic Facts

C On April 18, 2014, 101, 102, 103, 104, 105, 106, 108, 109, 110, 202, 301, 302, 402, 401, 402, 402, 503, 502, 504 (hereinafter “each of the stores of this case”) with each of the 1/3 equity owners of 1/3 equity shares, E, F, G (hereinafter “E”), 105, 106, 108, 109, 110, 202, 301, 302, 402, 501, 503, and 504 (hereinafter “this case’s stores”) concluded a sales contract with each of the instant stores without any special agreement to purchase each of the instant stores (hereinafter “E”) with C, 8 billion won.

On September 3, 2014, Co., Ltd. entered into a sales contract with the Plaintiff on the first floor No. 105 and 106 (hereinafter “instant pharmacy store”) among each of the instant stores, and entered into a sales contract with the Plaintiff to purchase the instant pharmacy store in KRW 700 million (excluding value-added tax) (hereinafter “instant contract”). Of the sales price, Co., Ltd agreed to lease the instant pharmacy store to a third party and pay KRW 200 million out of the sales price, Co., Ltd shall lease the instant pharmacy store to a third party, and at the same time, the Plaintiff agreed to complete the registration of transfer of ownership of the instant pharmacy store in the name of the Plaintiff.

On September 3, 2014, the Plaintiff paid KRW 60 million to C as down payment, and KRW 80 million as part payment on September 4, 2014, respectively. On September 26, 2014, the Plaintiff paid KRW 35 million as value-added tax and KRW 360 million as of the remainder 360 million as of September 26, 2014, to C, but C did not complete the registration of transfer of ownership with respect to the instant pharmacy shop until now.

Therefore, the Plaintiff’s representative of C and I, who is his employee, were to file a criminal complaint against the crime of fraud, and H and I can purchase KRW 1.2 billion to the Plaintiff the fourth floor No. 401, 402, and 403 of the instant building (hereinafter “the fourth floor store”).

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