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(영문) 서울중앙지방법원 2017.10.27 2015가합575995
계약금반환
Text

1. The plaintiff's claim is dismissed.

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

Reasons

Facts of recognition

On February 22, 2012, D, which runs the construction business, etc. on the instant land under the trade name of the first sale contract C, purchased from the Defendant for KRW 6 billion, namely, the E-mail in Chungcheongnam-gun, Chungcheongnam-gun, and KRW 28,000,000 (hereinafter “instant land”). The details are as follows.

(hereinafter referred to as “the first sale contract”). In entering into a sale contract of the above real estate under Article 2, the buyer will pay the price as follows:

1) The sales amount shall be 6,00,000,000 in total, 2) the down payment shall be financial loans and approximately KRW 500,000 ( e.g. 500,000,000) of the third party investment loan, as security for the seller’s land, and the buyer may be the debtor and the seller may receive the loan and pay the loan to the seller.

The secured buyer of a financial institution is promised to deposit with the seller's passbook in the presence of the seller at the financial institution, and the secured loan will run.

All expenses and interest related thereto shall be the buyer who is the debtor.

3) The sales contract amount shall be paid 50,000,000 won ( e.g. 50,000) not later than February 29, 2012 (the time of receipt of factory approval). However, until the remainder is paid, the seller shall not be injured and shall not be subject to legal measures such as provisional attachment, provisional disposition and auction, etc.; 4) The remainder after the payment of the down payment may be transferred in the name of substitute with the conditional performance bond for the land sales contract.

In addition, the balance shall be paid by financial institutions after obtaining permission for new construction of a factory within six months, and the seller shall immediately transfer the name to the buyer.

Article 16. The buyer is aware that if the buyer fails to faithfully perform the terms and conditions of the contract, and the buyer renounces the payment of the down payment in the middle of the contract, he shall give up all the business rights and the profits already incurred to the seller.

The buyer has incurred loss to the seller.

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