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(영문) 광주지방법원 2019.10.16 2019나1547
판매수당반환 청구
Text

1. The part of the judgment of the court of first instance against the plaintiff corresponding to the amount ordered to be paid below shall be revoked.

2...

Reasons

(b)the purpose is to regulate arrangements with respect to the recovery of funds, provision of land and use;

Investment amount: 58,740,000 square meters investment profit: 36,960,000 square meters: 36,960,000 gross dividends - The repayment schedule - The second: 35% of total dividends, 35% of total dividends (transfer of ownership), 6-7 months after the execution of the first profit - The third amount: The payment of 30% of total dividends (value 10%) after the execution of the second profit (value 10%) and the repayment period of the first year investment profit shall begin from the date of establishment of the investment period, and the plaintiff shall faithfully implement the repayment schedule of the investment profit.

The execution of investment funds shall be executed in installments of the first, second, and third lanes, and the following matters shall apply to methods:

1. At the time of the second enforcement of the investment amount, C shall undertake to the Plaintiff an application for the transfer of ownership with respect to the indication of real estate [including part of D and 23 square meters (109 square meters of 16,723 square meters)] and the use of the pertinent land in the future, and faithfully implement the following special agreements:

* Matters of special agreement

2. When land category is changed, the Plaintiff shall register the transfer of ownership to C based on the sale of dividend area according to administrative procedures.

The cost of transfer of ownership shall be borne by C.

4. C shall deliver to the Plaintiff all documents necessary for the transfer of ownership in order to ensure the smooth progress of the Plaintiff’s business upon receipt of the dividend paid in the second place.

Provided, That all expenses incurred in the transfer of ownership shall be borne by the plaintiff and shall not be claimed to C later.

6. The Plaintiff shall pay to C twice the investment amount in the event of the breach of this contract, and shall be liable to the Plaintiff for damages arising from the waiver of the investment amount and the delay in the progress of the project.

C. On August 21, 2018, the Plaintiff and C agreed to cancel the instant sales agreement, and the Plaintiff agreed to pay C the purchase price of KRW 58,152,60, and interest equivalent to 3% per annum thereon, which it received from C. The Plaintiff agreed to pay C interest equivalent to 54,818,360, and KRW 4,498,80,800 on October 22, 2018.

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