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서울중앙지방법원 2017.11.30 2017가합540986
매매대금반환
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1. The plaintiff's part of the lawsuit against the defendant B to dismiss the plaintiff's claim for confirmation of cancellation of the sales contract.

2. The plaintiff's defendant B.

Reasons

1. Basic facts

A. M&C Co., Ltd. (hereinafter “U&C”) is a company that engages in real estate development and implementation business, real estate sale and sale agency business, real estate consulting business, and real estate consulting business.

B. The United Kingdom C&C concluded a sales contract with the Defendants on each real estate owned by the Defendants as follows.

(2) On February 9, 2010, the sales price of each real estate listed in the separate sheet owned by Defendant B was set at KRW 370,000,000, and the sales price was set at KRW 370,000.

(hereinafter “first sale contract”). The main contents of a real estate sales contract prepared at the time of entering into the first sale contract are as follows:

37,000,000 won of down payment, intermediate payment of 100,000,000 won, when concluding a contract, shall be paid respectively on May 10, 2010; and the remainder of 233,000,000,000 won on July 15, 2010.

Special terms and conditions: 80,000,000 won shall be succeeded by Busan C&C, and 252,00,000,000 won shall be deducted from the purchase price, in total, from the collateral obligation of collateral security in the name of the new S&C, and the amount of KRW 172,00,000 shall be deducted from the amount of purchase.

B) Pursuant to the first sale contract, Busan C&C respectively paid Defendant B the down payment of KRW 37,000,000 on February 9, 2010, and KRW 100,000,000 on May 10, 2010. 2) Busan C&C and Defendant C entered into a sales contract on March 31, 2010 with the purchase price of KRW 192,50,000 on the third-class G 304 owned by Defendant C (hereinafter “second sale contract”).

The main contents of a real estate sales contract prepared at the time of concluding the second sales contract are as follows:

19,250,00 won of down payment, intermediate payment 38,50,000 won, intermediate payment, and intermediate payment 38,50,000 won, from May 14, 2010, and the remainder 134,750,000 won, respectively, shall be paid on July 1, 2010.

Special terms and conditions: the lessee succeeds to the lease deposit, and KRW 44,000,000 shall be paid from the purchase price.