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(영문) 창원지방법원마산지원 2019.02.13 2018가합100502
기타(금전)
Text

1. All of the plaintiff's claims are dismissed.

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

Reasons

Recognizing Facts

A. On October 4, 2012, the following real estate sales contract was concluded between the Defendant and C, 52 square meters (hereinafter “instant land”).

The remainder of KRW 20 million paid at the time of the contract and received at the time of the contract shall be paid on October 31, 2012 in the KRW 30,000 (30,000,000) down payment of KRW 10,000 in the real estate sales contract.

Article 2 (Transfer, etc. of Ownership) The seller shall deliver all documents necessary for the registration of transfer of ownership to the buyer simultaneously with the receipt of the balance of the purchase price, and shall cooperate with the registration procedure, and the delivery date of the said real estate shall be October 31, 2012.

Matters of special agreement

1. Since the purchaser is running a business for the purpose of developing multi-family housing, the seller shall cooperate with the purchaser in various documents concerning the development permission (written consent to land use, certificate of seal impression, etc.) immediately after paying the down payment;

2. (Omission)

3. Separate from the purchase price, KRW 170 million shall be paid as compensation for business, and KRW 50 million shall be paid by January 15, 2013, and the remainder KRW 120 million shall be paid by April 2013.

B and D buyers E (in the case of F seller B, the “resident registration number” column is indicated in the “resident registration number” column, but in the case of buyer’s column, G registration number column is indicated in the “corporate registration number column” column, and the seller’s column is indicated in the “corporate registration number” column, G company), H, and 2 floor of Changnam-si, Changwon-si

B. In the name of “EG”, KRW 10 million was remitted to the Defendant’s bank account on October 4, 2012, and KRW 20 million on October 31, 2012, and was paid as the purchase price of the instant land. As business compensation under paragraph (3) of the special terms and conditions of the instant sales contract, KRW 10 million was paid in total as of January 30, 2013 and June 3, 2013, respectively.

C. The reason for the purchase of the instant land on the Plaintiff’s side was to carry out a housing construction project that constructs a tenement house, etc. on the ground outside I and four parcels surrounding the instant land (hereinafter “instant project”), but on July 15, 2013.

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