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(영문) 서울고등법원 2018.05.16 2017나2041802
기타(금전)
Text

1. Each appeal filed by the Plaintiff (Counterclaim Defendant) and the Defendant (Counterclaim Plaintiff) shall be dismissed.

2.The preliminary measure added by this Court.

Reasons

1. Basic facts

A. The defendant is a company with the objective of civil engineering and construction packing business, housing construction sale and lease business, etc. The plaintiff A is the real estate in attached Tables 1 and 2, the plaintiff B is the real estate in attached Tables 3 and 4, the plaintiff C is the real estate in attached Tables 5 and 6, the plaintiff D, E, F, and G. Each owner of the real estate in attached Tables 7 and 8.

(hereinafter referred to as "real estate in paragraph (1)". B.

(1) On May 1, 2008, the Defendant: (a) determined the real estate of paragraphs (1) and (2) from the Plaintiff on May 1, 2008 as KRW 700 million; (b) determined the real estate of paragraphs (3) and (4) from the Plaintiff on May 19, 2008 as KRW 82,80,000; (c) determined the real estate of paragraphs (5) and (6) from Plaintiff C on June 13, 2008 as KRW 72,00,000 in the purchase price; and (d) purchased the real estate of paragraphs (7) and (8) from Plaintiff D, E, F, and G on August 25, 2008 as KRW 740,000 in the purchase price (hereinafter “each of the instant sales contracts”).

2) According to the instant sales contract, each of the following main provisions are commonly stated in the same text. (A) This contract is intended to purchase a large number of lots of lots (67 parcels and approximately 2,440 square meters) to which the buyer (the Defendant) belongs, as a complex, and construct apartment and sales facilities (10 stories from the underground 10 stories to the ground 19 stories/ total floor area 26,672 square meters, and approximately 136 units of apartment) (hereinafter “instant project”).

(b) The purpose of the seller (Plaintiffs) is to fully recognize this and fulfill his obligations and rights to achieve the objective (Article 2). (b) The real estate sales proceeds shall be paid as follows, given the characteristics of the instant business:

(Article 4. (1) The sales price shall be divided into 10% of the down payment and 90% of the balance, and shall be paid at the time the following conditions are met, and the seller may not unilaterally terminate or rescind the sales contract in the status of payment of the down payment before the remainder payment date arrives:

(2)

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