(영문) 서울중앙지방법원 2017.09.22 2016가합27547

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(영문) 서울중앙지방법원 2017.09.22 2016가합27547

매매대금

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

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

Reasons

Facts of recognition

The relevant Plaintiff is a company that mainly aims at real estate development projects, etc. and purchases each of the real estate listed in the separate sheet owned by Defendant B (hereinafter “each of the real estate of this case”) for the business of constructing a memorial exhibition hall in the vicinity of Dr.

The Defendants were married and divorced around 2012, and Defendant C acquired the ownership of each of the instant real estate due to division of property around September 27, 2013.

On October 1, 2007, E, the Plaintiff’s agent for the conclusion and cancellation of the first sale contract, entered into a contract with Defendant C, the agent for Defendant B, to purchase the real estate of this case in the amount of KRW 1.75 million from the Defendant (hereinafter “first sale contract”), and its content is as follows.

3. Sales amount: 1.750 million won.

4. Provisional contract deposit: 195 million won and contained in the down payment at the time of the principal contract.

5. Part payments: 10 million won (payment on October 8, 2007), 180 million won (payment on October 18, 2007),

6. Balance: 1.27 million won (payment on December 31, 2007).

7. If the sales contract has not been concluded by the buyer due to a cause attributable to the buyer, the amount of the provisional contract shall be reverted to the seller, and if the sales contract for each of the of the of the instant immovables was not concluded by the seller due to the cause attributable to the seller, the seller shall compensate for the double the amount of the provisional contract.

10. The name of the buyer may be changed; and

Around that time, the Plaintiff paid KRW 195 million to Defendant B via E, and paid KRW 100 million out of the intermediate payment on October 8, 2007, and KRW 180 million on October 18, 2007, respectively.

On January 2, 2008, Defendant B notified the Plaintiff of the payment of the remainder, and notified the Plaintiff on January 17, 2008 that “The First Sale Contract was cancelled and the down payment is reverted to himself.”

On October 28, 2008, the Plaintiff entered into and rescinded the 2nd sales contract with Defendant C, an agent of Defendant B, respectively.

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