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(영문) 서울중앙지방법원 2015.06.10 2014가합39843
계약금 등
Text

1. Defendant B’s KRW 200,000,000 as well as the Plaintiff’s annual rate from September 3, 2014 to June 10, 2015, and the following.

Reasons

1. Facts of recognition;

A. Defendant C was the owner of the land of 62,943 square meters of Gyeonggi-gun D Forest land (hereinafter “instant land”) in the name of the competent authority prior to April 2014, and was permitted to develop part of the instant land by Defendant C under the name of Defendant C.

B. On April 8, 2014, the Plaintiff and the Defendants drafted a real estate sales contract with the following content.

(hereinafter referred to as the “instant contract,” and the following contract is referred to as the “instant contract”). 1. Indication of real estate: Land of this case:

2. (Defendant C) The sale and purchase of the said real estate in the purchase price amount is to be made to B (Plaintiff) on the following terms and conditions, and is to be paid KRW 100 million as the down payment on the date of the contract:

[B] After the conclusion of this purchase and sale contract, Eul shall delegate the development work to Byung (Defendant B) and pay the amount of KRW 100 million as development costs to Byung separately. The down payment shall be the bank account designated by Byung, and the development costs shall be deemed to have been received by Gap and Byung by remitting it to the bank account designated by Byung. The purchase price shall be stated in the final consultation between Byung and Byung. The purchase price shall be stated in the final consultation).

4. A shall, when a bank makes a request for a loan to him/her under the name of A by taking the above real estate as security while engaging in the development business, proceed with the loan business without delay.

(At this time, Gap and Byung shall inform Eul of the process of loan operations). 5. Eul and Byung shall pay 50% of the loans as part of the purchase price of the above real estate, and Eul shall pay the remainder of the loans.

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