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(영문) 부산지방법원 2020.07.09 2019가합42576
계약금 반환 등
Text

1. Each lawsuit against the Defendant E and F by Plaintiff A and Plaintiff (Counterclaim Defendant) B shall be dismissed.

2...

Reasons

1. Basic facts

A. The relationship between Plaintiff A, Plaintiff (Counterclaim Defendant) B and Defendant (Counterclaim Plaintiff) C and Defendant D is limited to the Defendant (Counterclaim Plaintiff; hereinafter “Defendant”).

(2) On September 12, 2016, C concluded each of the real estate listed in the separate sheet Nos. 1 through 7 (hereinafter referred to as “1, 2, 3, 4, 5, 6, and 7”) as the owner of each of the instant real estate. (2) On September 12, 2016, the Plaintiff Co., Ltd. and the Plaintiff (Counterclaim Defendant; hereinafter “Plaintiff”) agreed to purchase the instant real estate and its ground buildings at KRW 3.5 billion with Defendant C; (3 billion on September 13, 2016, the down payment amount of KRW 100 million was to be paid KRW 2.5 billion on September 23, 2016; and (3) on November 12, 2016, KRW 100 million on the intermediate payment amount was to be paid KRW 160 million on the remainder of KRW 16.1 billion on the sales contract, and each of the instant real estate sales contract was to be paid KRW 3.5 billion on the same date.200 million.

B. The Plaintiffs, Defendant C, and D, who concluded a new sales contract for each of the instant real estate, are 2018.

3. 15.15. As to each of the instant real estate, a sales contract was concluded with the purchase price of KRW 3.15 million (hereinafter “the first sales contract”).

The provisions relating to the instant sales contract relating to the instant case are as follows.

Article 2 In the sale of the above real estate, the buyer shall pay the purchase price as follows:

Sales amount: The down payment of KRW 3,150,000 ( KRW 3,150,000): 400 million shall be March 15, 2018.

The part payment: The interest paid on behalf of the buyer after March 15, 2018 shall be the part payment.

Part payments: 50 million won shall be paid after the commencement report (the time of the seller's director) after the building permit begins.

Any balance: 2.7 billion won after the completion inspection of the building.

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