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Reasons
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(영문) 인천지방법원 2011.01.05 2010가합1919
지분이전등기
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1. The plaintiff's main claim is dismissed.

2. The defendant shall receive KRW 80,600,834 from the plaintiff at the same time.

Reasons

1. Basic facts

A. The process of concluding a sales contract (1) The Plaintiff is a company that runs the waste collection and transportation business, and the Defendant is a company that was divided and established by C (hereinafter “C”) around December 18, 2008.

(2) Around September 16, 2004, the Plaintiff and E.C. purchased KRW 4,000 from C (Representative Director D) for KRW 8,800,000 among the real estate listed in the [Attachment List (hereinafter “instant land”) (hereinafter “the first sale contract”). Since then, the sales amount is reduced to KRW 8,000,000,000, among the down payment amount of KRW 800,000,000, the Plaintiff and E.C. did not pay the down payment at all, and around September 24, 2004, C notified E.C of the cancellation of the first sale contract to E.C. at around that time.

(3) After September 2005, the Plaintiff and C had revised the first sales contract (hereinafter “instant sales contract”) with the purport that the Plaintiff would purchase KRW 4,00,000,000 on the ship (a) part of 6,611.6m2 in the order of each of the items in the annexed drawings among the instant land (hereinafter “the instant purchase part”) connected by C from C in order to each of the items in the order of 1,2,31,30,30,29, and 1. The main contents of the instant sales contract are as follows. At the time of the first sales contract, the Plaintiff and C had to substitute the down payment paid by the Plaintiff for KRW 40,00,000,000 as the down payment of the instant sales contract, and the date of the first sales contract shall be retroactive to September 16, 2004, which is the first sales contract.

Article 4 (Methods of Payment of Sale Price)

(a) down payment of KRW 400,000,000 shall be paid to C at the same time as the contract is concluded by the Plaintiff.

(b)The intermediate payment of KRW 1,600,000 shall be paid within two months after the contract is concluded;

(c) Any balance of KRW 2,000,000 shall be paid at the same time as the registration of ownership transfer is completed.

Article 7 (Location, etc. of Purpose Real Estate)

B. C. Prior to receiving an intermediate payment from the Plaintiff, C. As to the instant land.

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