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(영문) 서울남부지방법원 2018.12.14 2017가단215616
손해배상(기)
Text

1. The plaintiff's primary claim against the defendants and the conjunctive claim against the defendant B are all dismissed.

2...

Reasons

1. Basic facts

A. The Plaintiff is a non-metallic mineral processing and sales company. On November 11, 2016, the Plaintiff entered into a sales contract with Defendant C, a licensed real estate agent, with respect to the share of 5320 square meters and 773/1,546 square meters among the share of 5320 square meters and 773/1,546 square meters of 11 piece of land both E and 11 square meters (hereinafter “instant land”). On the same day, the Plaintiff paid KRW 50 million down payment to Defendant B on the same day.

The purchase price of 5320 square meters (Evidence 1-1 of the evidence A): 740 million won, the down payment: 40 million won, the intermediate payment to be paid per contract: KRW 100 million, the remainder of 600 million on December 15, 2016, the due date for the payment, and the due date for the payment of the intermediate payment, shall be the responsibility of the buyer immediately after the payment of the intermediate payment. In such cases, the seller shall cooperate with all matters on the documents, such as the buyer’s consent to land use, and the cost shall be borne by the buyer.

The balance may be paid in advance according to the financial situation of the purchaser, but where the balance is not paid by the balance, the contract shall be deemed automatically terminated, and the contract and the intermediate payment shall be deemed penalty.

In the event that the industrial classification number 23324/the approval of a factory for cement products is denied, the contract shall be cancelled and the down payment shall be refunded.

The purchase price of shares 773/1546 (Evidence A-2): 170 million won: the remainder on November 11, 2016, the due date of the initial payment of KRW 10 million: 9.7 million, and the special terms and conditions on March 30, 2017, which are the same as the above D and four parcels.

B. The Plaintiff purchased the instant land in order to relocate the existing factories in Sejong-si. The instant sales contract was approved by the petitioner group pursuant to Article 33 of the Support for Small and Medium Enterprise Establishment Act with respect to the instant land under the name of Defendant BF.

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