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(영문) 서울중앙지방법원 2019.05.01 2018가합552801
공사대금
Text

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

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

Reasons

1. Basic facts

A. The conclusion of a sales contract between Defendant B and D and the relevant lawsuit 1) Defendant B is limited to that between Defendant B and D (hereinafter “D”) on April 17, 2015.

(C) 1,400 square meters (hereinafter referred to as “instant land”) shall be equal to the following:

2) The sales contract for sale (hereinafter “instant sales contract”)

The main contents of the contract are as follows. The sales proceeds under Article 1 (Purpose) are as follows: KRW 7.2 billion (the condition that the purchaser acquires at the time of the contract): KRW 200 million - the intermediate payment to be paid at the time of the contract - KRW 680 million - the balance paid on June 30, 2015 - the seller paid on June 30, 2016, at the time of receipt of the balance of the sales proceeds, shall deliver all documents necessary for the registration of the transfer of ownership to the purchaser and cooperate in the registration procedure, and the delivery date of the said real estate shall be June 30, 2016, Defendant B and D entered into the Convention with the following contents (hereinafter “instant Convention”).

EC ACUD ACT

1. Presumption;

A. According to the terms and conditions of the instant sales contract, D is obliged to pay the interest on collateral security established on the instant land as at the time of the contract.

B. As of the current status of the implementation of the instant sales contract, D has paid part of the down payment and intermediate payment (400 million won) and did not pay interest on the right to collateral security from January 30, 2016.

Article 3 (Contents)

A. Defendant B’s duty on the instant land until February 22, 2016, deposited the amount of deposit for release and release from provisional attachment against the provisional attachment (the amount of KRW 300,000,000) established on the instant land by February 22, 2016.

B. D’s duty (1) is to accept the remaining intermediate payment of KRW 280 million of the sales contract of this case within 90 days from the date Defendant B made a deposit at sea (the amount calculated by the rate of 4% per month from June 30, 2015 from the base date of the interest) and the interest in arrears.

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