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(영문) 서울고등법원 2017.02.02 2016나2045784
매매대금
Text

1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Basic facts

A. The Plaintiff is a company aimed at selling agricultural, fishery, and livestock products. The Plaintiff owned all shares of the farming association corporation (hereinafter “the farming association of this case”).

B. On November 11, 2013, the farming cooperative of this case received a decision to permit the sale of each of the real estate listed in the list of real estate A (attached Form) owned by A (hereinafter “each of the instant real estate”).

C. On May 12, 2014, the Plaintiff entered into a sales contract with the Defendant to sell the entire share of the instant farming cooperative for KRW 10,223,00,000 (hereinafter “instant sales contract”). The Defendant agreed that KRW 1,022,30,000 out of the purchase price shall be paid KRW 6,50,700 for each of the instant agricultural cooperatives within 90 days after the date of entering into the contract at the same time as the purchase price, and the intermediate payment of KRW 6,50,700 shall be paid within 10 days after the date of entering into the contract, and the remainder 2,70,000,000 shall be paid if the Plaintiff resolved the problem of above ground objects, such as trees and landscaping on the successful bid real estate, and if the Plaintiff fails to resolve the said problem, the Plaintiff shall be exempted from the obligation to pay

(2) The remaining payment terms and conditions stipulated in the instant sales contract are “the instant payment terms and conditions.”

After the conclusion of the instant sales contract, the Defendant paid the down payment and intermediate payment as stated in the said Paragraph to the Plaintiff, and received the pertinent agricultural association’s acquisition from the Plaintiff.

After that, on May 16, 2014, the farming cooperative of the instant case acquired the ownership of each of the instant real estate during the voluntary auction procedure set forth in the foregoing sub-paragraph (b) and completed the registration of creation of a neighboring mortgage on each of the instant real estate to the Plaintiff as security for the Defendant’s obligation to pay the remainder to the Plaintiff.

E. The Plaintiff asserts the right on the ground above each of the instant real estate from June 10, 2014 to October 21, 2014 in the name of the instant farming cooperative.

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