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Reasons
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(영문) 서울남부지방법원 2017.12.15 2017가합105655
기타(금전)
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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

1. Basic facts

A. On October 5, 2016, G Co., Ltd. (hereinafter “G”) and the Defendants concluded a sales contract with the purchase price of KRW 3.8 billion with respect to the instant land and the instant building (hereinafter “instant land” and “instant building,” respectively, and collectively referred to as “instant real estate”). The down payment amounting to KRW 3.5 billion on the date of the contract, and the remainder amount to KRW 3.5 billion on the date of January 5, 2017. The following contents were stipulated in a special agreement (hereinafter “instant first sales contract”), and the Plaintiff paid KRW 300 million to the Defendants on October 5, 2016 as the down payment:

1. G shall succeed to all the obligation to return lease deposit and the obligation to return deposit for lease on a deposit basis;

2. The surrender of lessees shall be the responsibility of G;

3. Various taxes and public charges are settled by the Defendants on the basis of the balance payment date, and provide G with the documents required for the registration of transfer of ownership at the same time.

4. Value-added tax shall be separately imposed in addition to the purchase price;

B. The Plaintiff and the Defendants agreed to change the purchaser of the instant sales contract from G to the Plaintiff (G and the Plaintiff’s representative director shall be the same person); and “the Defendant shall sell the instant real estate at KRW 3.8 billion to the Plaintiff, but the down payment of KRW 300 million shall be paid at KRW 40 million on the contract date, and the intermediate payment of KRW 40 million shall be paid at KRW 3.46 billion on November 18, 2016, and the remainder of KRW 3.46 billion on January 5, 2017,” respectively, prepared a sales contract as of November 10, 2016, and stipulated the following as special terms.

(1) The Plaintiff succeeds to all the obligation to return the deposit for lease and the obligation to return the deposit for lease on January 1, 201, including the first sale contract and the first sale contract.

2. Various taxes and public charges are settled by the Defendants on the basis of the balance payment date, and the documents required for the registration of transfer of ownership are offered to the Plaintiff.

3. The current rental deposit out of the purchase price;

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