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(영문) 창원지방법원 2015.11.05 2015가합31247
양수금
Text

1. The Plaintiff:

A. Defendant B: (a) from February 26, 2015 to KRW 165,214,400; (b)

B. Defendant C shall be KRW 52,011,850, and

Reasons

1. Basic facts

A. On October 11, 2012, Defendant B promised to sell the real estate listed in paragraph (1) of the attached Table to C&C Co., Ltd. for KRW 1,652,134,000 on October 11, 2012, Defendant B stipulated that “The terms and conditions for payment of the purchase price of the land shall pay 10% of the purchase price as the down payment if a pre-sale agreement is concluded with at least 80% of the total size necessary for the purpose of constructing a regional housing association apartment, and the said pre-sale agreement shall be deemed as a down payment, and the said pre-sale agreement shall be deemed as a sales contract.” (hereinafter “the first pre-sale agreement”).

The main contents of the above arrangement are as follows. The reservation is to mutually cooperate in order to achieve the purpose, recognizing that Defendant B’s land was purchased by C&C Co., Ltd. and intended to build a partnership apartment. The C&C Co., Ltd., upon passing through the construction deliberation of the Construction Deliberation Committee at Changwon-si on the construction of a partnership apartment, shall pay the balance of 90% from Defendant B at the same time receiving documents necessary for the registration of transfer of ownership on real estate listed in the separate sheet No. 1 from Defendant B. The Defendant B may not sell and dispose of the subject matter of the sale to a third party after the conclusion of the sale contract, and shall not refuse to receive double contracts and balance. If it interferes with the projects of C&C, it would be liable for damages. The C&C paid 165,214,400 won to Defendant B on Jan. 29, 2013, and paid 10% of the total purchase price of the land as the pre-sale sale price for at least 20% of the total size of the sale and sales contract.

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