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(영문) 인천지방법원 2015.11.19 2014가합57606
기타(금전)
Text

1. All of the plaintiff's claims are dismissed.

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

Reasons

1. Basic facts

A. 1) Conclusion of the instant sales contract 1) Chungcheong budget-gun D (hereinafter “instant hotel”).

(2) The Defendants, who owned each of one-half equity shares, agreed between the Plaintiff and the Plaintiff to sell the instant hotel for KRW 3 billion on December 16, 2013 (hereinafter “instant sales contract”).

(2) Upon entering into the instant sales contract, the Plaintiff and the Defendants agreed that the down payment shall be KRW 200 million, and the down payment shall be KRW 100 million among the intermediate payment shall be paid by January 31, 2014, and the Plaintiff shall take over the loans related to the instant hotel, and the remainder shall be paid by June 30, 2014.

On the other hand, hotel operating rights are to be transferred after intermediate payment and succession of loan, and all expenses incurred by loan and real estate after succession of operating rights are to be borne by the Plaintiff, the buyer.

B. On March 27, 2014, the Plaintiff notified the Defendants of the cancellation of the instant sales contract and the conclusion of the instant modified contract. On April 3, 2014, the Plaintiff and the Defendants notified the Defendants that they would be subject to the Defendants’ failure to transfer their business rights would rescind the instant sales contract. (2) On April 3, 2014, the Plaintiff and the Defendants concluded the instant modified contract regarding the instant sales contract (hereinafter “instant modified contract”) as follows.

1. The sales price of the hotel of this case shall be 2.95 billion won. A. The sales price of the hotel of this case shall be 2.95 billion won.

The down payment shall be 200 million won, the intermediate payment shall be 2.35 billion won, the remainder shall be 400 million won, and the remainder shall be 400 million won.

B. The defendants confirm that 200 million won of down payment has already been received.

C. The method of payment of intermediate payment 1) KRW 2.05 billion is replaced by the Plaintiff’s acceptance of the loan granted as security to the instant hotel. However, the Plaintiff may assume the interest of the loan from the time of the transfer of the instant hotel accommodation to the time of the transfer of ownership in lieu of the Plaintiff’s acceptance of the loan obligation. 200 million won may be substituted by the Plaintiff’s acceptance of the loan obligation from April 4, 2014.

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