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(영문) 서울북부지방법원 2015.06.18 2014가합24970
양수금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Facts of recognition;

A. On June 29, 2010, D Co., Ltd. (hereinafter “D”) decided to purchase each real estate listed in the separate sheet (hereinafter “each of the instant real estate”) from the Defendants in KRW 50,000,000 (hereinafter “instant contract”) and paid KRW 1,550,000,000 as provisional contract amount to the Defendants on the same day.

The contents of the instant contract relating to the instant case are as follows.

Article 2 (Timing of Payment and Amount of Deposit): B (referring to D; hereinafter the same shall apply) shall pay KRW 1,550,000 as the deposit money on the date of this Agreement for the purpose of clarifying the intent to conclude a contract for each real estate of this case.

Provided, That where the building permit for new buildings is delayed, or the sales contract for each real estate of this case is not feasible within two months after the building permit, the relevant amount shall be returned again.

Down payment: B shall pay the remaining amount of KRW 3,450,000,000, which is the amount of KRW 5,000,000 equivalent to 10% of the purchase price, within two months from the date of obtaining a building permit for a new building on the ground of the instant real estate.

B shall pay a considerable amount of capital gains tax for the purchase and sale of each of the instant real estate to the tax office on behalf of Party A (hereinafter “Defendants”); and the payment of capital gains tax shall substitute for the intermediate payment.

B shall pay the balance at the same time as the ownership of the instant real estate is transferred.

Article 7 (Termination of Contract) Contracting Parties may terminate this Agreement by no later than the time of intermediate payment, and Party A may compensate Party B for a double of the down payment, and Party B may waive the down payment and terminate this Agreement.

Provided, That in the case of an intention of termination of a contract through mutual consultation after the provisional contract deposit under Article 2 (1) is paid before the contract deposit under paragraph (2) is paid, the full amount of the provisional contract deposit shall be refunded.

B. D on December 28, 2010

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