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(영문) 청주지방법원 2018.01.12 2016가단116848
지원금 등 반환 청구의 소
Text

1. The Plaintiff:

A. As from March 1, 2015, Defendant B: (a) KRW 50 million and its related thereto;

B. Defendant D is KRW 100 million and this.

Reasons

1. Basic facts

A. On July 10, 2015, among the instant buildings, the ownership transfer registration was completed in the name of Defendant D on July 10, 2015.

B. On November 29, 2014, the Plaintiff entered into an agreement with Defendant B as follows:

(hereinafter referred to as the “instant arrangement”). Section A (1) Of the instant building, a person who is the representative director of (G Hospital) president, who will open to the 5th and 6th floor (730 square meters in total) of the instant building, shall pay KRW 150,000,000 as the hospital subsidy. Paragraph (2) of this Article intends to pay KRW 150,000 as the hospital subsidy on December 1, 2014.

3) Paragraph B of this Agreement provides for a hospital subsidy (150 million won) to be paid to A on the 5 and 6th floor of the building under construction of this case on condition that A sells and opens a hospital for children on the 5 and 6th floor of the building under construction of this case. (Interim omission) In the event that the above matter has not been implemented, this Agreement becomes null and void immediately, and B shall promptly return the hospital subsidy received to A.

C. On November 29, 2014, Defendant B entered into a contract with Defendant D on the purchase price of 2.12,598,000 won (excluding value-added tax) for the entire five and six floors of the instant building (hereinafter “instant sales contract”); respectively, Defendant B entered into an agreement with Defendant D on December 1, 2014 that the down payment of 210,000 million won and the first intermediate payment (10% of the purchase price) shall be paid until December 30, 2014, until January 30, 2015, and the second intermediate payment (10% of the purchase price) shall be paid at the time of completion of the remainder.

On December 1, 2014, the Plaintiff’s wife account transferred KRW 50 million to Defendant B and KRW 100 million to Defendant D’s new bank account, respectively.

E. The instant sales contract was rescinded around June 2015 due to Defendant B’s failure to perform its duty to pay the price, and Defendant B’s hospital was not opened.

[Ground of recognition] Facts without dispute, Gap evidence 1 to 4, Gap evidence 5-2, 3, Eul evidence 1 (including paper numbers), Eul evidence 2-1.

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