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(영문) 대구지방법원 2016.12.16 2016가합206127
매매대금반환
Text

1. The Defendants are jointly and severally liable to the Plaintiffs for KRW 900,000,000 and KRW 300,000,000 among them, from February 25, 2016.

Reasons

1. Indication of claim;

A. On February 22, 2016, the Plaintiff Corporation entered into a sales contract with Defendant Medical Corporation A (hereinafter “Defendant Foundation”) to purchase the real estate listed in the separate sheet for KRW 2.4 billion, and paid KRW 300 million to the Defendant Foundation as the down payment, etc. on February 24, 2016.

Article 9 In cases where the ownership is not transferred due to the cause attributable to the defendant foundation, the defendant foundation shall reimburse the amount of the down payment the plaintiffs paid.

Article 10 If the defendant Foundation fails to obtain the approval of the purchase bonds of the Ministry of Health and Welfare by July 30, 2016, it shall be held with the grace period on October 31, 2016 with the consent of the plaintiffs, and in principle, the contract shall be terminated if it is not completed after the grace period.

B. On May 4, 2016, the Plaintiffs are as between Defendant Foundation and the Plaintiffs.

When concluding a sales contract with the same content as the sales contract stated in the paragraph, Defendant B, C, and D agreed as follows, and Defendant B, C, and D jointly and severally guaranteed the obligations of the Plaintiffs of the Defendant Foundation.

Accordingly, on May 4, 2016, the Plaintiffs paid an intermediate payment of KRW 300 million to the Defendant Foundation.

C. On July 29, 2016, Defendant Foundation notified the Plaintiffs that it would not obtain the approval of the purchase bonds of the Ministry of Health and Welfare by the agreed date, and notified the Plaintiffs’ consent to the deferment of the contract period, but did not obtain the Plaintiffs’ consent.

Therefore, the Defendants are jointly and severally liable to pay the money stated in the text to the Plaintiffs.

2. Article 208 (3) 1 of the Civil Procedure Act of the applicable provisions of Acts (Judgment without holding any pleadings due to the submission of a written reply);

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