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(영문) 서울남부지방법원 2015.06.25 2014가합107094
매매대금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

Basic Facts

The Plaintiff disposed of the above wedding hall while operating the “Ewa Holdings” in the land and its ground buildings (hereinafter collectively referred to as the “instant real estate”) located in Seosan-si Dr. 1,638 square meters, and planned to build a wedding hall on the land outside the F of Seosan-si, Seosan-si and nine parcels.

On March 5, 2013, the Plaintiff concluded a sales contract with Defendant B Co., Ltd. (hereinafter “B”) for the instant real estate (hereinafter “instant sales contract”) and set the sales price at KRW 5.5 billion.

The main contents of the instant sales contract are as follows.

Article 2 In the sale of the above real estate, the buyer shall pay the purchase price as follows:

The payment of the purchase price shall be paid on April 15, 2013, in the amount of KRW 500,000,000 (Won 5,500,000,000 won), the down payment of KRW 30,000,000,000,000,000,000,000 won, and the remainder 30,000,000 won shall be paid on May 11, 2013.

Article 3. The indication of the above real estate shall be the payment date of the balance.

Section 6. The seller shall reimburse the amount of the down payment at the time of the termination of the contract, and the buyer shall waive the down payment at the time of the termination and not claim the return thereof.

Matters of special agreement

1. The buyer shall accept the debt of the right to collateral security established at the time of the payment of any balance and pay the remainder money;

2. Provided, That if the purchaser fails to pay all or part of the balance, the remaining balance shall be paid by the Bank of Bankruptcy;

The Plaintiff received KRW 300 million out of the purchase price from G (the father of Defendant B’s representative director and the adviser of Defendant C) on the day of the contract.

On the same day, the plaintiff entered into a contract for the construction of a wedding and the progress of the contract for the construction of a wedding hall and the contract for the construction of a wedding hall (hereinafter referred to as the "instant contract") with Defendant C (hereinafter referred to as the "instant construction") on the same day, and the contract for the construction of a wedding hall (hereinafter referred to as the "instant construction") is jointly referred to as the "each of the instant contracts."

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