(영문) 수원지방법원여주지원 2017.10.19 2017가단2436

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(영문) 수원지방법원여주지원 2017.10.19 2017가단2436

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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 December 7, 2016, the Plaintiff entered into a contract with Defendant B, under which the Plaintiff would purchase the real estate listed in the [Attachment 1] list owned by the said Defendant (hereinafter “instant housing”) at KRW 300 million (the contract amounting to KRW 30 million and the balance KRW 270 million and the payment in March 6, 2017) (hereinafter “instant First Agreement”).

B. On December 7, 2016, the Plaintiff entered into a contract with Defendant C to purchase each of the real estate listed in the separate sheet No. 2 attached hereto (hereinafter “each of the instant land”) owned by the said Defendant with respect to KRW 200 million (a contract deposit of KRW 20 million shall be paid at the time of the contract and the balance of KRW 180 million shall be paid on March 6, 2017) (hereinafter “instant contract No. 2”).

C. The Plaintiff paid KRW 30 million to Defendant B as down payment under the instant contract Nos. 1 and 2, and KRW 20 million to Defendant C.

Article 5 (Cancellation of Contract) of the Contracts 1 and 2 of this case provides that "The seller shall reimburse the seller the sum of the down payment to the seller before the buyer pays the intermediate payment (if there is no intermediate payment), and the buyer may waive the down payment and cancel the contract." Article 6 (Non-performance and Compensation) of the Contracts 1 and 2 provides that "if the seller or the buyer fails to fulfill the terms of this Agreement, the other party may demand in writing the seller or the buyer to pay the down payment and cancel the contract. The other party may claim damages arising from the cancellation of the contract respectively to the other party, and the contract shall be based on the contract deposit, unless otherwise agreed."

E. The Plaintiff and the Defendants, at the time of the instant contract, have concluded an agreement on capital gains tax on the commercial real estate (e.g., the sale price: 00,000 won; e.g., e., e., e., e., e., the purchaser) more than

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