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(영문) 울산지방법원 2014.09.03 2012가합3674
계약금반환 등
Text

1. The Plaintiff:

A. Defendant A shall pay for KRW 93,000,000 among the above amounts and KRW 306,000,000 from April 13, 2006 to 60,000.

Reasons

1. Basic facts

A. The parties involved in the construction of Kusong Construction Co., Ltd. (hereinafter “gold Construction”) and the development of Kusong Development (hereinafter “Dasong Development”) are corporations with the purpose of developing and supplying residential buildings, which concluded a sales contract for apartment business sites (hereinafter “each of the instant sales contracts”) with the Defendants. The Plaintiff succeeded to the status of the Defendants from Kusong Construction and Dasong Development as companies engaged in real estate development planning and implementation business.

B. (1) On April 13, 2006, Defendant A transferred KRW 93,00,000, out of the down payment to the Agricultural Cooperative under the name of Defendant A (E). On April 29, 2006, Defendant A entered into a contract to sell the purchase price of KRW 1,530,000,000, the down payment of KRW 153,000,000,000, and the down payment of KRW 153,000,000,000 with respect to the land of Ulsan-gu, Ulsan-gu, Seoul (hereinafter “land 1”).

On January 19, 2009, Defendant A entered into a sales contract between the Plaintiff and the Plaintiff with the purchase price of KRW 1,530,000,000, and the down payment of KRW 153,000,000,000, and the down payment of KRW 153,000,000, in lieu of the down payment received from Defendant A, and received KRW 60,000,00 from the Agricultural Cooperative (G) account in the name of Defendant A on January 29, 2009. (2) Defendant B transferred KRW 60,00,000 to Defendant A’s Agricultural Cooperative account in the name of Defendant A (G) on April 14, 2006, and KRW 592,8,000 (hereinafter “No. 2 land”).

(3) The Defendant C entered into a contract with the Plaintiff on April 21, 2009 to change the purchase price of KRW 2,420,000,000, and the down payment of KRW 220,000,000, and the down payment of KRW 220,000 on April 14, 2006 to KRW 6,200,000. The Defendant C entered into a contract with the Plaintiff on April 21, 2009 to change the purchase price of KRW 2,420,00,000, the down payment of KRW 242,000,000. The Defendant C entered into a contract with the Plaintiff on April 12, 2006 to change the purchase price of KRW 2,420,00,000.

A contract for sale of purchase price of KRW 900,000,000, and down payment of KRW 100,000,000 shall be concluded, and down payment shall be made on April 13, 2006.

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