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(영문) 울산지방법원 2017.12.06 2017가합21851
매매대금반환
Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. Facts of recognition;

A. On May 26, 2006, the Simyoung Co., Ltd. (hereinafter referred to as the “Syoung”) and the Song-gu Industrial Development Co., Ltd. (hereinafter referred to as the “Songsan Industrial Development”) entered into a contract with the Defendants to purchase real estate (including all of the buildings; hereinafter referred to as the “instant real estate”) located in the instant project site with the Defendants (hereinafter referred to as the “instant sales contract”), and paid the Defendants the contract deposit, etc. under the name of Kumco Asset Trust Co., Ltd. on the same day.

The current status of the conclusion of contracts and payment of purchase price shall be as follows:

The Defendant’s payment of the down payment for the purchase price of the Defendant’s real estate is KRW 2,00,000,000,000 KRW 200,000,000 KRW 290,000,000 KRW 290,000,000 KRW 1450,000 G Mb. 1520,000 Mb. 12,500,000,000,000 KRW 1,250,000,000,000 KRW 1,40,000,000,000 KRW 1,50,000,00 KRW 612,00,000,00 KRW 619,000 Mb. 34,000,000 KRW 250,000,000 KRW 50,50,000,00 KRW 650,000.

B. The Defendants entered into the instant sales contract using the same form of sales contract and entered into the instant sales contract. The key contents are as follows.

Article 3 (Time of Payment and Establishment of Contract for Sale of Real Estate) (1) The defendant and tax have been well aware that the contract for sale and purchase was concluded to promote the reconstruction of apartment units on a group of lands including real estate subject to sale and purchase (22,00 square meters).

(2) The payment of the purchase price shall be as follows:

Provided, That it is the part of the apartment complex that purchases this real estate, so when the reservation for the sales contract for the whole land subject to incorporation is completed and the rent is paid to the defendant, the sales contract shall be effective.

§ 11.

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