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(영문) 청주지방법원 2018.11.29 2018가합2650
매매대금
Text

1. The defendant,

A. The Plaintiff A’s KRW 302,00,000 per annum from December 7, 2017 to January 24, 2018; and

Reasons

1. Basic facts

A. On August 26, 2016, Plaintiff A concluded a sales contract with D (hereinafter “D”) and Sejong Special Self-Governing City E commercial building (hereinafter “instant commercial building”) for the sale price of KRW 848,00,000 (including value-added tax) with respect to the sale price of the instant commercial building as KRW 752,60,000 (including value-added tax) with respect to the sale price of the instant commercial building G, and each of the sales contracts with KRW 816,20,000 (including value-added tax) with respect to the sales price of the instant commercial building H as to the sales price of KRW 816,20,000 (including value-added tax) (hereinafter “each of the instant commercial buildings”), and the content related to each of the instant contracts are as follows:

Article 5 (Succession to Rights and Duties, such as Resale of Ownership)

1. Matters pertaining to the succession of rights and obligations, such as the change of name, must be subject to the written approval of “A (D; hereinafter the same shall apply)” and “I” (I, hereinafter the same shall apply) in accordance with the provisions of the law.

2. When applying for approval for the resale of the right to sell in lots, “B (Plaintiff A)” shall submit to “A” the evidentiary documents regarding the succession of loans between the parties to the resale issued by the lending institution and, in other cases, reimburse the loans.

B. At the time of the conclusion of each of the above sales contracts, Plaintiff A paid KRW 456,00,000 (i.e., KRW 160,000 KRW 142,000 G heading 142,00,000 (H heading 154,000,000) excluding value-added tax as the down payment of each of the instant commercial buildings at D.

C. On November 22, 2016, Plaintiff A transferred the purchaser status of the instant shopping mall H to Plaintiff B with the approval of Plaintiff D and I.

Plaintiff

A with D’s consent, on September 18, 2017, entered into a contract with the Defendant to transfer the purchaser status of the shopping mall F and G, and the Plaintiff B, upon D’s consent, the purchaser status of the shopping mall H of this case with the Defendant on September 18, 2017, and the Defendant on September 18, 2017, respectively, and the terms of the special agreement are as follows:

hereinafter referred to as "each of the instant cases."

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