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(영문) 서울중앙지방법원 2012.07.26 2012가합2595
계약무효확인 등
Text

1. The Plaintiff-Counterclaim Defendant Co., Ltd. (Counterclaim Defendant Co., Ltd.) is the Defendant-Counterclaim Construction Co., Ltd., Ltd., which is 131,924.

Reasons

1. Basic facts

A. The Plaintiff Sejong Industry is a company manufacturing and selling ready-mixed, and the Plaintiff A is an employee of the Plaintiff Sejong Industry, and the Defendant Sung Il-si Construction is a company that constructed and sold “C apartment” (hereinafter “instant apartment”) on the land outside the Gyeonggi-gun Group B and four lots, and the Defendant NAF is a financial institution that executed an intermediate payment loan to the buyers of the instant apartment sold by the Defendant Sung Il-si Construction.

B. While the Plaintiff Sejong Industries had to purchase the instant apartment building 101 Dong201 and 201, it was impossible to conclude a sales contract under the name of the Plaintiff Sejong Industries for the purpose of the intermediate payment loan, etc., the Plaintiff, an employee, under title trust with the Plaintiff, agreed to conclude a sales contract with the Defendant Sung Il Il Construction.

C. Accordingly, on November 7, 2007, Plaintiff A entered into a sales contract of KRW 282,870,000 for 101 and 201 of the apartment of this case (hereinafter “instant sales contract”) with Defendant Sung Daily Construction, and paid the sales price in installments as follows.

The first intermediate payment of KRW 28,287,00 on November 28, 2007, 14,143,000 on the date and time of payment, and KRW 32,430,00 on November 207, 207, the first intermediate payment of KRW 28,287,000 on December 20, 207, 200 on December 28, 2007, the second intermediate payment of KRW 287,00 on December 28, 2007, KRW 5,00 on December 20, 207, the second intermediate payment of KRW 5,287,00 on January 28, 208, the third intermediate payment of KRW 6,287,00 on May 28, 200, KRW 287,000 on April intermediate payment of KRW 7, 200 on May 28, 2008; and

D. In addition, the Plaintiff agreed to pay each balance of KRW 7,250,000 as the intermediate payment of KRW 5,800,000 on the day of the contract, and the remainder of the sales price, by September 20, 2008, by adding options to balcony, floor finishing materials, etc. to the instant apartment by concluding an options contract with regard to the instant apartment on the same day.

E. The Plaintiff Sejong Industry concluded the instant sales contract on November 7, 2007.

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