logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대전지방법원 2019.05.23 2018가단226326
매매대금
Text

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 26, 2012, the head of the Daejeon District Headquarters of the Korea Land and Housing Corporation (hereinafter “Defendant Corporation”) announced the supply of the site to the end-user in the district implemented by the Defendant Corporation.

B. On September 5, 2013, D entered into a sales contract (hereinafter “sale contract in this case”) with respect to the purchase price of KRW 220,931,160 (22,093,110 on September 5, 2013, the first installment of KRW 66,438,050 on September 2, 2014, the second installment of KRW 66,62 million on September 5, 2015, the third installment of KRW 6,62 million on September 5, 2015, and the third installment of KRW 6,62 million on September 5, 2016.

C. As of August 23, 2014, D and the Plaintiff drafted a sales contract with the content that the Plaintiff purchases the instant sales right from D in the purchase price of KRW 220,931,160 (in the event of a contract, KRW 22,093,110, the balance of KRW 198,838,050, the respective payment, August 28, 2014), and obtained consent to the resale from the Defendant Corporation on August 28, 2014.

On December 19, 2014, the Plaintiff entered into the instant sales contract with Defendant B with the effect that the sales price of KRW 220,931,160 (a contract deposit of KRW 10 million shall be the remainder of KRW 210,931,160,00,000,000 for each payment on January 23, 2015), and that the Plaintiff shall additionally pay KRW 50,000,000 in return for the premium in sales rights.

(hereinafter “instant resale contract”). On the same day, the Plaintiff received the down payment of KRW 10 million from Defendant B.

E. As of December 19, 2014, the Plaintiff drafted a sales contract for the instant sales right with the purchase price of KRW 220,931,160 as of December 19, 2014 (a balance of KRW 10,931,160 as of January 28, 2015, when entering into a contract, the remainder of KRW 210,931,160 as of January 28, 2015). The Plaintiff submitted the said sales contract to the Defendant Corporation to obtain consent to resale from the Defendant Corporation on January 28, 2015.

F. On January 28, 2015, Defendant B paid to the Plaintiff to the Defendant Corporation an intermediate payment under the instant sales contract that the Plaintiff paid to the Defendant Corporation 78,569.

arrow