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(영문) 부산지방법원 2018.05.17 2017가합400
매매대금
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On August 10, 2012, the Plaintiff entered into a contract with the Vietnam War Co., Ltd. (hereinafter “Nonindicted Company”) for the construction of Daegu Suwon C building (hereinafter “instant construction”) with the construction period from August 10, 2012 to January 15, 2013, and entered into a contract for construction works with the construction cost of KRW 6.6 billion and entered into a contract for the said construction works to change the construction cost of KRW 5 billion on August 30, 2012, and completed the construction work under the said contract.

B. On April 2, 2013, the Plaintiff entered into a payment contract on April 2, 2013 (hereinafter “instant payment contract”) with a non-party company with the content that, as of April 2, 2013, the housing unit unsold in the housing unit unsold in the housing unit of the instant construction contract, the Plaintiff would accord the entire housing unit unsold in the housing unit of the building as of April 2, 2013 (hereinafter “instant payment contract”).

C. On May 31, 2013, the registration of ownership preservation under the name of the non-party company was completed, and the registration of ownership transfer was completed in the name of the plaintiff on the same day on the same day after the registration of ownership preservation of the non-party company’s name was completed.

On December 9, 2014, with respect to the instant real estate, a sales contract with the Plaintiff and the buyer as the Defendant (hereinafter “instant sales contract”) was formulated on December 9, 2014. The main contents are as follows.

(A) The term “A” refers to the Plaintiff and “B” respectively, and each amount and special agreement are written in writing, but the remainder is printed in the same word. Article 3 (Price Payment Method) of the sales contract provides that “B shall pay the purchase price on the designated date as follows:

(2) On October 20, 200, when concluding a contract for the remainder of the intermediate payment of down payment of down payment of KRW 1,125,00,000,000,000,000,000,000,000,000 won for the total sales of the land and the building price, the outstanding payment of the down payment of down payment of KRW 1,193,242,50,00,000.

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