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(영문) 수원지방법원 2016.10.28 2015가합4583
매매대금
Text

1. The Defendants jointly share KRW 250,000,000 and interest rate of KRW 15% per annum from May 19, 2016 to the date of full payment.

Reasons

1. Basic facts

A. On October 27, 2004, the Plaintiff entered into a sales contract with D and Gongju-si on 32,231 square meters of forest E (hereinafter “instant land”) but the said contract was rescinded due to D’s failure to pay any balance.

B. The Defendants purchased the instant land for the same business as D and D, and decided to operate the business of building a factory site, etc., but requested that the Plaintiff sell the instant land to the Defendants, as D did not purchase the instant land. Since the voluntary auction procedure for the instant land was in progress at the time, the Plaintiff and the Defendants concluded a sales contract with the Defendants on July 18, 2005, with the following content:

(hereinafter “instant sales contract”). Article 1 of the sales price of KRW 600,000,00 for the buyer is established under this contract that the buyer shall deposit the remainder in the bank account of the seller into the bank account.

Article 3. The buyer shall pay in full the balance of the sale and perform the registration of ownership transfer immediately after the public record adjustment of the seller is completed, and the expenses required therefor shall be borne by the buyer.

In the event that the due date for the payment of the purchase price under Article 4 is not fulfilled, this Agreement shall not be concluded.

Article 5. Measures to revert the seller's down payment following the termination of the contract and all expenses shall be responsible for the buyer.

Article 6 The total trading amount shall be KRW 600,000,000, and the successful bid amount shall be the intermediate payment, and the remainder shall be treated as the remainder.

Matters of special agreement

1. In case of the auction of the fund for assistance in official housing, stock company G as a successful bidder;

b.2. The balance shall be fixed on the basis of the above auction bid price. 3. 27 Oct. 27, 2004 shall be discarded.

4. If a successful bidder is unable to receive a successful bidder at auction, the successful bidder shall arrange creditors, such as the Suppression, Supuping Bank, etc.

C. At the time of the instant sales contract, the instant land shall be KRW 260,000,000 with the maximum debt amount of the public livestock industry cooperative’s maximum debt amount of KRW 90,000,000.

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