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(영문) 서울중앙지방법원 2018.04.12 2016가합577059
계약금반환
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

Basic Facts

The following facts are not disputed between the parties, or may be admitted upon full consideration of the overall purport of the pleadings in each entry of Gap evidence of Nos. 1 through 9 (including each number, if any, hereinafter the same shall apply) and Eul evidence of No. 1 to 5 and 17:

1) The Defendant is a party’s position 27 lots of land, including 4,258 square meters, prior to Sungnam-si, Sungnam-si, Sungnam-si, and D’s neighboring houses and E’s ground buildings (hereinafter collectively referred to as “instant real estate”).

(2) The Plaintiffs are the owners of the instant real estate, and the financial institutions, which carried out the instant real estate loans as security, to Non-Party G Co., Ltd. (hereinafter collectively referred to as “G”, a company implementing an urban development project (hereinafter referred to as “instant project”), which is the company of the branch of Sung-gu, Sungnam-si (hereinafter referred to as “instant project”).

B. On June 6, 2009, the Defendant: (a) held an extraordinary general meeting of the Defendant and the board of directors; (b) enacted the Defendant’s articles of incorporation; (c) elected the president I and J of Vice-Chairperson, etc. as executive officers of the clan; and (b) decided to delegate to the board of directors the authority regarding incidental matters, such as the sale of the instant real estate to G; (b) the Defendant’s board of directors delegated the authority to sell the instant real estate at the above general meeting; and (c) decided to sell the instant real estate to G, etc. with the sales price of KRW 49 billion.

C. On July 20, 2009, the Defendant entered into the instant sales contract and paid down payment (hereinafter “instant sales contract”) with G on July 20, 2009.

(2) The schedule for the payment of the purchase price shall be determined as follows: 49 billion won: 4.9 billion won (the intermediate payment 29.4 billion won at the time of the contract on August 31, 2009 (80% of the private land for business purposes): 10 months after the down payment is made.

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