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(영문) 수원지방법원 2019.01.30 2017나13417
계약금반환
Text

1. Of the judgment of the court of first instance, the part against the plaintiff corresponding to the subsequent order of payment shall be revoked.

The defendant.

Reasons

1. Basic facts

A. 1) The defendant from April 24, 2006 to the real estate indicated in the separate sheet (hereinafter “instant real estate”)

(C) On the ground level, “C Hospital funeral hall” (hereinafter “instant funeral hall”) shall be deemed to be the “C Hospital funeral hall.”

2) Around October 10, 2012, the Defendant owned 50% of the instant real estate, D 23%, E 17%, and F 10% of the shares. D, on October 10, 2012, sold 10% of its shares to G between the Defendant and the Defendant’s spouse G, and agreed to change the buyer’s name if the Defendant and G wish, and entered into a sales and operation agreement to delegate the right to operate the instant funeral hall to G.

B. On August 26, 2014, the Plaintiff and the Defendant concluded the following contracts, including real estate sales contracts.

(2) The Plaintiff’s remaining payment obligations of the Plaintiff as the subject-matter of the loan for consumption shall be deemed to be the subject-matter of the loan for consumption, and the Plaintiff’s remaining payment obligations shall be deemed to be the subject-matter of the loan for consumption under the contract under the entirety of the above contract: J, K land, 657 square meters in Gyeonggi-do, and 657 square meters in total, and 6-story and underground funeral parlors in building medical facilities.

2. Sales amount: A loan of KRW 10 million (one half of the total equity interest): The loan shall be succeeded to as equity interest.

(1) pay the contract deposit on August 26, 2014.

(2) by 30 October 2014, 50% of equity interest shall have been paid in advance by 30 October 2014 when acquiring 1/2 of equity interest.

(3) By no later than October 30, 2016, the monthly interest shall be borrowed with a view to making it clear that the monthly interest shall be one million won.

(b)be deducted from the down payment in arrears.

(4) Registration shall be made by mutual agreement.

at the time of occurrence of the transfer income tax, the purchaser shall pay.

All facilities of the underground funeral hall that are to be a restaurant deposit (0 million won a day) B (Defendant) shall be taken over at present.

(5) The whole of the above real estate.

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