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(영문) 서울중앙지방법원 2016.09.09 2015가합576653
소유권이전등기
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 September 24, 2015, the Plaintiff’s manager C, on behalf of the Plaintiff, purchased each real estate listed in the separate sheet (hereinafter “instant real estate”) on behalf of the Defendant as KRW 1.2 billion on behalf of the Plaintiff, and paid KRW 120 million on the contract date and the intermediate payment of KRW 280 million on November 12, 2015, and KRW 370 million on November 12, 2015, respectively, and paid KRW 430 million on loan obligations to the Plaintiff (hereinafter “the first sale contract”). On the same day, the Defendant paid KRW 120 million on the same day the down payment to the Defendant.

(C) In relation to this case, the above C committed all acts on behalf of the plaintiff, and the above D also committed all acts on behalf of the defendant, and even if the above C and D respectively committed an act on behalf of the plaintiff and the defendant, "the plaintiff" and the defendant. (b)

On October 2, 2015, the Plaintiff entered into the second sales contract with Defendant: (a) changed the sales price for the instant real estate into KRW 900 million; (b) changed the sales price for the instant real estate to KRW 350 million; (c) changed the intermediate payment to KRW 350 million; and (d) the remainder to KRW 430 million; and (c) agreed to pay all the remainder to be paid on November 12, 2015.

(2) In addition to the first sale contract of this case, the Plaintiff shall pay 300 million won to the Defendant by November 12, 2016 under the pretext of repayment of the low temperature freezing facilities and equipment invested by the Defendant. However, even though the Plaintiff decided to set up a collateral security (hereinafter “Additional Agreement”), the Plaintiff did not affix its seal to the said agreement.

C. 1 Plaintiff, such as the acceptance of an offer to cancel the agreement, is compared to the land around the vicinity, after completing on-site answers and market prices investigations in Jeju-do around November 3, 2015, on the grounds that it is difficult for the Plaintiff to prepare a heavy amount since the conclusion of the instant sales contract.

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