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Reasons
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(영문) 서울중앙지방법원 2015.07.09 2014가합576656
매매대금
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1. All of the plaintiff's claims are dismissed.

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

Reasons

1. Basic facts

A. The Plaintiff is the representative director of D Co., Ltd. (hereinafter “D”), one shareholder, Defendant B’s representative director of E Co., Ltd. (hereinafter “E”), and Defendant C is “G et al.” with F.

is a person who was a joint representative director of the Commission.

B. D, on March 30, 2005, is “the instant real estate” with nine parcels of land, 11,000 square meters and 1,792.84 square meters or less of its ground-based factory buildings, other than H, the Gyeongbuk-gun, Gyeongbuk-gun, the ownership of which is located.

B The contract for sale in the amount of KRW 400,00,000 is called ‘the contract for sale in the case'.

The contract deposit was concluded and received KRW 30,000,000 from E. The main contract contents are as follows:

1. Of the down payment of KRW 163,000,000, 130,000,000 shall be paid as KRW 30,000 (E) upon receipt of the loan from the Small and Medium Business Corporation A (E refers to D; hereinafter the same shall apply), and 30,000,000 shall be paid in cash simultaneously with a contract;

2. The intermediate payment shall be 88,000,000 won, and 50,000,000 won shall be paid in cash until May 30, 2005, 37,000,000 won until September 30, 2005.

3. The remainder of KRW 100,000,000 out of KRW 150,000 shall be paid until June 30, 2006, and KRW 50,000,000 until December 30, 2006.

Article 3 (Transfer of Ownership)

1. A shall transfer the ownership of the instant real estate owned by A, simultaneously with the receipt of the down payment, to B; and

Article 4 (Other Conditions)

1. A is responsible for the interest rate of KRW 133,00,000 for the overdue interest rate of KRW 133,000 prior to the date of borrowing the Small and Medium Business Corporation, and thereafter, he is responsible for the interest rate

2. Gap shall cooperate with the Small and Medium Business Corporation in obtaining loans from other financial institutions for the change of debtor, additional loans, and prompt payment of part payments after the transfer of ownership;

Article 5 (Incidental Matters)

1. If Section B of Article 2 (2) fails to comply with the second payment date ( September 30, 2005), the ownership of the goods shall be transferred to Section A.

C. Defendant B and G’s joint representative director F, and Defendant C on April 2, 2005.

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