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(영문) 의정부지방법원 2019.11.28 2016가합56899
양수금
Text

1. Defendant C shall pay to the Plaintiff KRW 737,667,694 as well as 12% per annum from May 23, 2008 to the date of full payment.

Reasons

1. Facts of recognition;

A. On September 3, 2007, D Co., Ltd. (hereinafter “D”) entered into a sales contract with Defendant B, C, and E, F, and G (hereinafter collectively referred to as “sellers”) to purchase each of the lands they own (hereinafter “each of the instant lands”) in total at KRW 27,350,00,000 (hereinafter “instant sales contract”).

(However, the contract was concluded by Defendant C on behalf of another seller. The main contents of the contract are as follows.

The lot number land category size (land size) size of H, 163, Defendant B 2, 163, and 10,732, J-si, 203, J-si, 203, J-si, 203, J-si, 405, J-si, 10,732, 50,000 J-si, 30,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000:

1. The indication of real estate and its owners shall be as follows:

2.In the sale of the above real estate under Article 1 of the contract terms, the buyer will pay the purchase price as follows:

The purchase price: 27,350,000 won: 200 million won shall be paid at the time of a contract and the seller shall receive it. The first intermediate payment: 1 billion won shall be paid until September 30, 2007.

The second part: 12 billion won shall be paid up to May 2008.

Any balance: 14,150,000,000 won shall be paid within 60 days from the date when it is confirmed that the said real estate has no defects in the apartment construction business as a Class 2 residential area in accordance with the Urban Management Plan (2020 Plan) at Yangju City.

Matters of special agreement

1. This Agreement is a contract signed by the seller on behalf of the seller and signed by the seller C, and C is bound to assume all legal responsibilities in connection with this Agreement and submit later power of attorney.

2. The seller shall provide the buyer with all documents, such as a written consent to land use and a certificate of personal seal impression necessary for the buyer to pay any balance including payment guarantee.

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