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(영문) 서울고등법원 2018.06.08 2018나2010690
매매대금반환
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1. The plaintiff's appeal is dismissed.

All appeals by Defendant B and Defendant C are dismissed.

2. The plaintiff raised objection.

Reasons

1. The facts under the basis of facts do not conflict between the parties, or may be acknowledged by taking account of the whole purport of the pleadings in each entry in Gap evidence Nos. 1 to 20, 24 to 26, and Eul evidence No. 2 (including the branch numbers, if any).

[1] On July 3, 2014, the Plaintiff lent KRW 460 million to K on July 3, 2014.

On July 17, 2014, H Co., Ltd. (hereinafter referred to as “H”) entered into a contract with K to purchase the G buildings located E and F (hereinafter referred to as “instant G buildings”) from E and 23 billion won for the purchase of the price from the SB Savings Bank, the same three savings banks, and the same four savings banks (hereinafter referred to as “SB Savings Bank”) around October 31, 2014.

The amount of KRW 450 million out of the above KRW 460 million lent to K was used in paying the down payment under the above purchase contract.

On the other hand, on September 12, 2014, Defendant D submitted to the L University Health Examination Center and the sports clinic, a letter of intent to establish and operate medical and convenience facilities in the instant G building.

On November 26, 2014, H issued to K a promissory note of KRW 300 million in face value and a promissory note of KRW 500 million in face value.

The H was unable to pay the above purchase price properly, and was subject to forfeiture of part of the down payment, and terminated of the contract.

After that, on December 4, 2014, SB entered into a contract with M and N Co., Ltd. to purchase the instant G building from the Savings Bank for KRW 22 billion.

The H was unable to pay the purchase price properly, and the contract was terminated.

On the other hand, on September 3, 2015, Defendant B Co., Ltd. (hereinafter “Defendant B”) entered into a contract to purchase the instant G building from the Savings Bank for KRW 21.5 billion.

Defendant B was unable to pay the above purchase price properly, and the termination of the contract was avoided.

[2] Defendant B, Defendant D, and H shall be liable for the settlement of disputes on September 5, 2015.

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