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(영문) 부산지방법원 2017.01.12 2015가합50111
매매대금반환
Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

Basic Facts

The Plaintiff’s status E is a company established by F on February 22, 2012. On July 30, 2014, the trade name was changed to G Co., Ltd., and the Plaintiff was merged on November 24, 2015.

(2) On September 8, 2011, F entered into the instant provisional contract with the Defendant Company: (a) on September 8, 201, the Defendant Company: (b) 50,380 square meters of forest land H and 3,305 square meters of forest land H from the Defendant Company; and (c) 3,305 square meters of forest land (hereinafter “each of the instant real estate”).

(2) the provisional contract to purchase (hereinafter referred to as the “provisional contract of this case”)

F) concluded the contract (at the time of the establishment of the Plaintiff, before the establishment of the Plaintiff, the F became the buyer.

A) Under the premise that F and the Defendant Company purchased each of the instant real estate owned by the Defendant Company and entered into an agreement on real estate sale and purchase under a provisional agreement on real estate sale and purchase (Evidence 2) on the said ground, on the premise of the purpose of removing and dismantling structures, and interim disposal of waste, etc. (the establishment of a corporation), the agreement on the provisional agreement on real estate sale and purchase of real estate is to be entered into, and to be faithfully performed as follows: Article 2(1) of the provisional agreement: The method of paying KRW 100 million: Article 3(1) of the agreement to pay each of the instant real estate on the date of the contract: The obligation of the Defendant Company to pay each of the instant real estate on the date of the contract is in progress, the Busan High Court 2010Na11965 (Seoul High Court 209Gahap1779), the Defendant Company is liable for the failure of the instant case, and the Defendant Company shall enter into each of the instant agreement with the F and the instant real estate by March 31, 201.

2) J, K, and L (hereinafter “J”) as the Plaintiffs of the instant case

In some winnings, the Defendant Company has a 1/2 share in H forest land and 1/3 share in I forest land owned by the Defendant Company. The Defendant Company is responsible for and arranged for shares held by J, etc., and there is no problem in concluding this Agreement with F and each of the instant real estate.

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