(영문) 대전지방법원서산지원 2015.12.03 2014가합733

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(영문) 대전지방법원서산지원 2015.12.03 2014가합733

매매대금

Text

1. The Defendants jointly deposit KRW 570,000,000 in the court on the ground of the creditor’s uncertainty and deposit date.

Reasons

1. Basic facts

A. D Co., Ltd. 1) On May 10, 2005, D entered into a sales contract between D and the Defendants: (a) on May 10, 2005, between the Defendants, the real estate of this case is the real estate of this case where the Defendants shared 1/2 shares.

(2) The sales contract provides that the sales price shall be KRW 1.862 billion, and the down payment of KRW 1770 million shall be paid on the date of the contract, the intermediate payment of KRW 530 million shall be paid on May 30, 2005, and the remainder of KRW 1.362 billion shall be paid after the completion of the three-year interest of the graveyard established on the instant real estate (hereinafter “the instant sales contract”).

(2) Accordingly, D paid 570 million won as down payment and intermediate payment to the Defendants around that time.

B. On October 1, 2007, D signed an agreement with the Defendants to cancel the above sales contract, and signed a written agreement (hereinafter “instant agreement”) with the Defendants, and the notary public entrusted a new attorney-at-law in charge of notarial acts to prepare a written agreement with a new law firm.

The main contents thereof are as follows:

Agreements

1. The Defendants and D agree on May 10, 2005 on the sales contract for the instant real estate.

2. The Defendants are the return of down payment, intermediate payment, etc. following the termination of the sales contract to D, and the amount calculated by the following methods shall be paid as the settlement amount at the time of the payment of the remainder pursuant to the sales contract with the Gold Gigle (hereinafter “YigleT”) corporation:

(1) In the event that a sales contract with the Kuggle is established and the remainder payment is actually made, the amount equivalent to 9/22 out of the sales amount less all public charges, such as capital gains tax, etc., shall be paid.

The down payment and intermediate payment 570 million won shall be separately paid.

Fidelity, however, the sale contract with the Geumggle is the terms of land transaction permission.

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