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(영문) 서울중앙지방법원 2015.07.23 2014가합584480
매매대금
Text

The Plaintiff (Counterclaim Defendant) against the Defendant (Counterclaim Plaintiff) Co., Ltd. in KRW 124,880,123 and the Plaintiff’s counterclaim from December 18, 2013.

Reasons

Basic Facts

Defendant B entered into a sales service contract on August 1, 201 with Defendant D Co., Ltd. (hereinafter “Defendant D”) to vicariously sell and sell the instant building on both the land E and F, 10th above ground, and 5th below ground, and 5th below ground. In doing so, Defendant D entered into a sales service contract with Defendant D to vicariously sell and sell the instant building.

On September 21, 201, the Plaintiff transferred 15,000,000 won (=15,000,000 x 2 x 15,000 x 2 x 3) to the account designated by Defendant B, as down payment on September 21, 201.

On September 30, 2011, Defendant B entered into a sale-type land development trust agreement with Defendant Ccco asset trust, whereby Defendant Ccco asset trust was entrusted with the instant building site from Defendant B under the Trust Act, and the instant building was newly constructed on that ground; the instant building site and the instant building were sold in lots or leased as trust property; and the benefits therefrom were returned to Defendant B.

On November 1, 2011, the Plaintiff entered into an officetel supply contract with the Defendant Crocco Asset Trust with the condition that the Plaintiff would purchase an officetel No. 924,860,00, and an officetel No. 926, an officetel supply price of KRW 144,30,00, and an officetel supply price of KRW 144,30,00 (hereinafter each of the instant officetels supply contract) (hereinafter referred to as “each of the instant officetels supply contract”); (i) an intermediate payment shall be paid in six installments, and an amount equivalent to 10% of the price for the first installment (15,486,00, KRW 14,430,00 in cases of subparagraph 926; and KRW 14,430,00 in cases of subparagraph 926); and (ii) an intermediate payment shall be paid on December 27, 201; and (iii) the intermediate payment on March 27, 2012; and (iv) the intermediate payment on March 27, 203. 27.27.

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