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(영문) 서울중앙지방법원 2014.09.25 2013가합68998
대여금 반환 및 손해배상
Text

1. The Plaintiff (Counterclaim Defendant) is jointly and severally liable to the Defendant (Counterclaim Plaintiff) for KRW 200,000,000 and its amount from April 19, 2014.

Reasons

1. Under the following facts, facts do not conflict between the parties, or can be acknowledged in full view of the purport of the entire pleadings in Gap evidence Nos. 1 to 6, and Eul evidence No. 9.

On March 28, 2012, between Defendant C and Defendant C, the Plaintiffs entered into a sales contract with the content that the Plaintiffs would purchase the purchase price of KRW 1,510,00,000 (in the contract form, KRW 1,300,000,000 (in the contract form, the purchase price was stated as KRW 1,300,000), but on the same day, the Plaintiffs agreed to separately pay KRW 210,000,000 to the Defendant for purchase (hereinafter “instant sales contract”). The special agreement of the instant sales contract is as follows.

Matters of special agreement

1.To enter into a sales contract at present.

2. Application for land transaction shall be made by the broker in cooperation with both parties to obtain the permission; and

3. The F portion of the loss of a building on the register of the land owner is liable for and settled by the land owner.

4. The time of intermediate payment shall be paid after land transaction permission and parts destroyed or lost are completed;

5. The time of payment of an intermediate payment may change, and the time of the balance may change, depending on the progress of the two and three days covered by the special agreement.

6. When a land transaction is returned, the contract shall be null and void, and the down payment shall be refunded;

7. Other matters shall correspond to the real estate practice.

B. From March 19, 2012 to October 12, 2012, the Plaintiffs paid Defendant C KRW 1,310,000,000 in total as the price for the instant sales contract.

C. In the real estate register, the real estate register states that a general steel structure and other sloping roof are built on the land in the same 1st floor and a plant-related facility (ion room) 382.5 square meters (hereinafter “instant building”). However, at the time of the instant sales contract, the instant building was removed.

On May 14, 2012, the Plaintiff paid KRW 20,000,00 to Defendant D as design cost.

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