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(영문) 울산지방법원 2018.04.18 2017가합21271
매매대금반환
Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. Basic facts

A. On May 25, 2006, F Co., Ltd. (hereinafter “F”) and G (hereinafter “G”) entered into a contract with the Defendants to purchase each real estate listed in the separate sheet owned by the Defendants in the instant project site (hereinafter “instant real estate”) for KRW 14,00,000,000 for total price (hereinafter “instant sales contract”), and on the same day, the Defendants paid KRW 1,40,000,000 for down payment to the Defendants on the same day.

The Defendants of the real estate purchase price (each 1/5 shares) are aware that the sales contract was concluded to promote apartment reconstruction project in a group of lots (including approximately 22,000 square meters) including real estate subject to sale and purchase, with the aim of promoting apartment reconstruction project in the amount of KRW 331 square meters in the amount of KRW 5,500,000,000 in the amount of KRW 331 square meters in the amount of KRW 331 square meters in the amount of KRW 331 square meters in the amount of KRW 4,00,000 in the amount of KRW 14,00,000 in the amount of KRW 14,00,000 in the amount of KRW 20,000 in the amount of KRW 20,00 in the amount of KRW 20,00 in the amount of KRW 22,00 in the amount of KRW 330,00 in the Nam-gu, Ulsan-gu.

(2) The payment of the purchase price shall be as follows:

However, since F purchases the real estate as part of the apartment complex, the sales contract is effective when F pays the down payment to the Defendants after the completion of the reservation for the sales contract for the whole of the incorporated site.

Article 11 (Cancellation and Termination of Contracts) (1) of the above Agreement is concluded for the reconstruction of apartment houses, as seen in Article 3(1), immediately after the completion of the promise for the sale contract for the entire site to be incorporated into the F, with a total of 90% from the date of approval for the project for the remaining 90% of the sales price, or 11 (Cancellation and Termination of Contracts).

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