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(영문) 서울중앙지방법원 2016.05.27 2015가합542421
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. The Plaintiff is a company that has owned all shares of the farming association corporation (hereinafter “the farming association of this case”).

On November 11, 2013, the farming cooperative of this case participated in the auction procedure for each real estate listed in the separate sheet (hereinafter “each real estate of this case”) and was decided to grant permission for sale.

B. On May 12, 2014, the Plaintiff entered into a sales contract with the Defendant, whose business purpose is housing construction business, etc., to sell all equity shares of the instant farming association for KRW 10.223 billion (hereinafter “instant sales contract”). According to the corporate acquisition agreement (Evidence A) drafted at the time, KRW 1.223 billion is paid as of the date of the contract and the intermediate payment of KRW 6.7 billion within 9 billion, respectively, within 90 days after the conclusion of the contract, and the remainder amount shall be paid if the Plaintiff resolved the problem of ground objects, such as the trees and landscaping of the successful bid land, and if the Plaintiff fails to resolve the above problem, the Defendant is exempted from the obligation to pay the remainder.

(Article 4 of the above Agreement). (c)

Around that time, the Plaintiff received 6.45 billion won out of down payment and intermediate payment of KRW 1.02 billion from the Defendant, and transferred the entire shares of the farming cooperative of this case to the Defendant.

On the other hand, on May 21, 2014, the registration of transfer of ownership in the name of the farming cooperative was completed on each of the instant real estate.

【Ground of recognition】 The fact that there has been no dispute, entry of Gap Nos. 1 and 2, the purport of the whole pleadings

2. Determination as to the claim for the remainder of intermediate payment KRW 50 million

A. The plaintiff asserted that the defendant paid only KRW 6.45 billion out of the part payments 6.57 billion of the part payments under the contract of this case under the contract of this case, and the defendant should pay the plaintiff KRW 50 million of the part payments.

B. The fact that the Defendant paid only KRW 6.45 billion to the Plaintiff, which is less than the amount agreed to as an intermediate payment, is less than KRW 50 million, as seen earlier.

However, A.

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