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(영문) 의정부지방법원고양지원 2017.07.14 2016가합74975
매매대금
Text

1. Defendant B and D jointly and severally with the Plaintiff KRW 225,00,000 and 5% per annum from June 1, 2013 to January 3, 2017.

Reasons

1. Facts of recognition;

A. The Plaintiff and H Co., Ltd. (hereinafter “H”) are as follows on July 13, 2012:

C. At the time of the sale and purchase contract as indicated in the port entry, the Plaintiff owned 1/2 shares each of the instant land by combining the two land with 2,933 square meters and J Forest 367 square meters (hereinafter referred to as “instant land”).

(hereinafter referred to as “the Plaintiff’s side”) by combining the Plaintiff and H. Defendant B

(c) is the joint purchaser of the sales contract as described in the paragraph, and Defendant D is the joint purchaser’s agent of the above sales contract as the father of B.

Defendant C, Defendant E, and Defendant F are the successors of G who died on June 1, 2014, and G also:

(c) is the joint purchaser of the sales contract as described in the paragraph.

B. around June 15, 2012, Defendant D, a real operator of H, intended to invite investors to purchase the pertinent land after receiving a proposal that the permission for five houses on the ground of the instant land was in the state of permission for construction of five houses on the ground of the instant land, and that it could obtain permission for six buildings of the Gowon.

C. On behalf of the Plaintiff, K: (a) on July 13, 2012, on behalf of the buyer, Defendant D drafted a sales contract with respect to the instant land and its ground on behalf of the buyer as follows:

(A) A sales contract entered into as above (hereinafter “instant sales contract”). - The seller: (a) H; (b) the Plaintiff; and (c) the buyer: L et al. - the sales price of KRW 2.6 billion - the down payment of KRW 70 million: The down payment shall be paid on the date of the contract and received; (d) the intermediate payment of KRW 190 million shall be paid on July 23, 2012; and (e) the balance of KRW 2.34 million shall be paid on October 31, 2012.

-special agreement

1. The remaining date of the above balance shall be the remainder date of the following day from the date on which the authorization or permission is completed;

Provided) On July 23, 2012, K and Defendant D, without penalty, shall be cancelled if the authorization or permission is not known. On July 23, 2012, by adding one purchaser to “l and four other”, and partially modifying the method of the payment of intermediate payments and the special terms and conditions, following sales contracts (No. 1-1-2 of A) are drafted retroactively as of July 13, 2012:

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