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(영문) 대전지방법원서산지원 2019.02.21 2017가합51503
추심금
Text

1. The plaintiffs' claims against the defendants are all dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. On May 10, 2005, M is a sales contract for purchasing KRW 1.862 billion for the instant real estate, in which Defendant E and F shared 1/2 shares on May 10, 2005 (hereinafter “instant sales contract”).

A) Around that time, Defendant E and F paid KRW 570 million in total to Defendant E and F as down payment and intermediate payment. (2) The instant real estate was designated as a land transaction permission area, and M was a new purchaser who was subject to land transaction permission to Defendant E and F, and negotiations for concluding a sales contract between Defendant E and F began.

3) Accordingly, M, Defendant E, and F decided to cancel the instant sales contract, and the following agreement on October 1, 2007 (hereinafter “instant agreement”).

A. Before 200:

1. Defendant E, F, and M agree to the instant sales contract.

2. As for the return of down payment, intermediate payment, etc. upon termination of the instant sales contract to M, Defendant E and F shall pay to M the amount calculated by the following methods at the time of the payment of the remainder under the sales contract with O:

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

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

Article 22(1) of the Act provides that if a sale contract with theO becomes null and void because it fails to meet the terms of land transaction permission, etc. or the contract is terminated due to any other reason, the land of the said subject matter shall be sold to a third party under the agreement between the defendant E, F and M, and if the sale amount exceeds 70,000 won per

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