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(영문) 서울서부지방법원 2015.04.09 2013가합35818
매매대금 지급 청구
Text

1. The plaintiff (Counterclaim defendant)'s principal lawsuit shall be dismissed.

2. The defendant-Counterclaim plaintiff's counterclaim is dismissed.

3. The costs of the lawsuit;

Reasons

Basic Facts

On June 20, 2013, B entered into a sales contract with the Plaintiff, on June 20, 2013, with respect to the purchaser as “one person, other than a stock company,” and with respect to the purchase price of KRW 1.79 billion (hereinafter “instant sales contract”). The Plaintiff, the Plaintiff, and the Plaintiff, concluded a sales contract with the Plaintiff for KRW 3,616 square meters and KRW 258 square meters (hereinafter “instant sales contract”).

At this time, the down payment of KRW 50 million shall be KRW 150,000 on the contract date, the intermediate payment of KRW 150,000 on August 20, 2013, the remainder of KRW 1.59,000 on the contract date, and the same year.

9. The payment was made to 13.

B and the Plaintiff, as the special terms and conditions of the instant sales contract, stipulated that “(i) the name of the Plaintiff, such as permission for the development of the instant land, is the name of the Plaintiff; (ii) the buyer bears the expenses required for the permission for the development activities; and (iii) the intermediate payment of KRW 150 million is replaced with the expenses required for the permission for development activities; and (iv) if the remainder is not paid on the designated date, the buyer renounces the contract deposit and the permission for development activities; (v) the seller succeeds to the contract and takes the rights; and (v) the sales contract is concluded in the name of Korea Light Co., Ltd., but on the remainder date,

B paid 50 million won to the Plaintiff on the day of the contract.

Around September 2013, the buyer acquired the status of the purchaser under the instant sales contract of light Co., Ltd. pursuant to Paragraph (5) of the said special agreement. The buyer of the instant sales contract was changed to the Defendant, the intermediate payment payment payment payment payment date on August 13, 2013, and the remainder payment payment date on September 30, 2013.

In accordance with the instant sales contract, the Plaintiff applied for permission to divert farmland of the instant land under the name of the FF on July 19, 2013, according to the approval for the establishment of a factory and the revocation thereof.

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