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(영문) 서울중앙지방법원 2017.09.22 2016가합23118
손해배상(기)
Text

1. All claims filed by the Plaintiff (Counterclaim Defendant) and the counterclaim claims filed by the Defendant (Counterclaim Plaintiff) are dismissed.

2. The costs of lawsuit;

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

Facts of recognition

On February 23, 2010, B Co., Ltd. (hereinafter “B”) purchased the instant land and acquired ownership on March 9, 2010 in a voluntary auction procedure (Ui District Court Pyeongtaek District Court Decision 2010, Jun. 23, 2010 on the instant land (hereinafter “instant land”).

2) At the time B acquired the ownership of the instant land, the Defendant is a main complex building with the 19th floor size of the instant land (hereinafter “instant building”).

A) A new construction project had the right to implement, and there was a building in this case, which is still complete. B and the Defendant notified B of the purchase and sale of the instant land and the conclusion of a contract for usage fees and the cancellation thereof on June 14, 2011. The Defendant sold the instant land to the Defendant on a fixed basis as of November 28, 201, and as of May 31, 201, the sales price of the instant land was determined as KRW 3.8 billion and the date of payment of the purchase price. ② The Defendant pays to B the land usage fee as of May 31, 201, KRW 285 million as a promissory note, and ③ the payment shall be made in the way of notarized payment of KRW 57 million each month from June 1, 201 to the full payment of the purchase price was made (hereinafter “instant land sale and use fee contract”).

A) On the other hand, as the Defendant did not pay the purchase price by the payment date under the above contract, B notified the Defendant on November 29, 201 that the instant contract for the sale and purchase of the instant land was rescinded. The instant conciliation formation B, which was subsequent to the notice of cancellation, was the Defendant and five other (hereinafter “Defendant, etc.”) on December 22, 201.

2) The Plaintiff filed a lawsuit against “B to leave the instant building under construction on the instant land, and deliver the instant land” (U.S. District Court Decision 201Gau5389 decided May 2, 201)

1. The Defendant shall pay to B the purchase price of the instant land in KRW 4.3 billion by November 30, 2013.

2. B shall pay the above money from the Defendant.

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