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Reasons
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(영문) 서울중앙지방법원 2014.05.02 2013가합49577
매매대금 등
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1. The Plaintiff:

A. Defendant C: 109,500,000;

B. Defendant B and Defendant C respectively.

Of the money stated in the subsection, 100,000.

Reasons

1. Basic facts

A. On May 21, 2012, the Plaintiff entered into a sales contract with Defendant C, an agent of Defendant B, to purchase approximately KRW 2170 million, and KRW 147,000,000,000,000,000 for KRW 50,000,000,000 for the intermediate payment, and KRW 30,000,000,000,000, out of KRW 210,000,000,000,000 for the part payment, was paid at the time of the contract, and at the same time, the remaining KRW 18,00,000,00 was paid at the same time with the completion of the registration of ownership transfer, and the remainder was paid at KRW 91,00,00,000,000,00,000,00,000,00 for the loans to financial institutions (hereinafter “instant sales contract”).

The main contents of the instant sales contract are as follows.

Article 6 (Non-performance of Obligations and Compensation for Damages) If a seller or buyer has any non-performance of the terms and conditions of this Agreement, the other party shall notify in writing the person who has defaulted, and the contract may be rescinded.

In addition, the parties to the contract may claim the other party to pay the down payment for damages arising from the cancellation of the contract.

Matters of special agreement

3. The buyer shall bear the expenses for the authorization or permission occurred from the contract date.

B. After that, the Plaintiff transferred KRW 20 million, and KRW 10 million on August 2, 2012, to the account in the name of Defendant C via an intermediate payment under the instant sales contract.

C. According to the instant sales contract, the Plaintiff paid KRW 59,500,000 to E, designated by Defendant C, for the change of the form and quality of land, building authorization, etc. regarding the instant real estate, from May 31, 2012 to August 7, 2012, and thereafter, on February 12, 2013, an application for construction permission was approved.

On the other hand, on March 5, 2013, the registration of ownership transfer was made in F.F. on the instant real estate.

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