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(영문) 대구지방법원경주지원 2016.06.24 2014가합86
약정금 등 반환
Text

1. Defendant (Counterclaim Plaintiff) B: (a) KRW 164,581,413 against the Plaintiff (Counterclaim Defendant) and its related amount from January 30, 2014 to June 24, 2016.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. 1) The Plaintiff is the E Co., Ltd. (hereinafter “E”).

(2) Defendant C is a company established for the purpose of leasing and developing real estate; Defendant D is a representative director of the above company; Defendant B is a person who actually operates the above company.

3) F Co., Ltd. (hereinafter “G”)

4) Defendant B was to carry out the project to develop the land of F and Hak-si as a factory site (hereinafter referred to as “instant project”).

B. On March 13, 2012, F and three other parties entered into a sales contract with I to purchase approximately KRW 3,614 square meters in North Korea in the amount of KRW 249,00,000 in the amount of KRW 4,494 square meters in the amount of H 4,494 square meters in racing-si. 2) On March 13, 2012, F and three other parties entered into a sales contract with J on March 13, 2012, to purchase KRW 1,726 square meters in the amount of KRW 30,00,000 in the amount of KRW 30.0.

3) On April 17, 2012, the Plaintiff purchased the purchase price of KRW 12,579 square meters from L and M for 1,636,00,000 from L and M for 1,636,00,000, and down payment of KRW 160,000 on the date of the contract, the remainder of KRW 1,476,00,000 shall be paid each on June 30, 2012. The Plaintiff entered into a sales contract with the Plaintiff on April 17, 2012 to make a collective settlement at the time of the remainder payment. As the forest area changes, the Plaintiff entered into a sales contract again with L and M for 14,377 square meters (final settlement after the final determination of changes in design), P, P, Q, 15,00,000 on the remainder of the sale price to KRW 30,00,000,000.

5) The Plaintiff, Defendant C, G, R (S), T (U), and V (W) on December 4, 2012, the Plaintiff, Defendant C, G, R (S), K, and R N on the racing-si on December 4, 2012 (hereinafter “instant project site”).

with respect to paragraph (1).

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