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(영문) 서울고등법원 2018.06.20 2017나2019249
손해배상(기)
Text

1. All appeals filed by the Plaintiff (Counterclaim Defendant) against the instant principal lawsuit and counterclaim are dismissed.

2. The costs of appeal shall be the principal lawsuit.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. The seller’s defendant C is named as “A” and the buyer, and the seller is named as “A” and the seller is named as “A” and the buyer.

1. F (Representative Plaintiff);

2. E refers to “B” and enter into a contract as follows:

1) The Jongno-gu Seoul Metropolitan Government 250 square meters of G 250 has entered into a sales contract with Gap ( January 11, 2014). 2) At the request of Eul, the conclusion of a sales contract between Gap and Eul is to be changed to the acquisition of Eul in the form of an auction for the convenience of arranging the defects of collateral security, seizure, etc. on the goods.

3) The amount to be traded shall be 3.2 billion won, and 2.8 billion won shall be F and the Plaintiff purchased by means of auction bid, and shall be paid to A, and 400 million won shall be paid to E. 40 billion won. 4) The original Jongno-gu contract in 250 of Jongno-gu G shall be changed to purchase H, I, G, J, K, L, and M, and the amount to be traded shall be 3.2 billion won.

The purchase method shall be 3.2 billion won by adding B to the successful bid form and the additional amount.

5) The remainder of the purchase price of KRW 3.2 billion less the successful bid price of auction ($2.3 billion) shall be paid by Eul to Eul. 6) The down payment shall be the down payment of KRW 100 million out of the total sale price of KRW 3.2 billion, and the down payment shall be paid KRW 50 million after the approval of the successful bid of auction and KRW 50 million upon receipt of the construction permit.

7) The remainder of KRW 800 million must be paid within 40 days after G Building Permit. It is written that “H, I, and KRW 300 million shall be leased the title at the time of the purchase of other real estate, and KRW 100 million shall be paid by mutual agreement.” 8) A and B shall cooperate actively so that construction permit may be received as soon as possible.

9) The donation of a road (43 square meters) will be made by Party A prior to the receipt of a construction permit after the completion of the auction of Party B with respect to the N parcel (10) at the time of development or construction by Party A, without any condition, at the time of the completion of the construction permit.

In addition, it takes precedence over the purchase of B.

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