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(영문) 서울서부지방법원 2016.09.01 2016가합479
매매대금
Text

1. The plaintiff's claims against the defendants are all dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. The facts under the basis of facts may be found either in dispute between the parties or in accordance with Gap evidence of 1 to 12 (including the branch numbers in case where there are branch numbers; hereinafter the same shall apply), Eul evidence of 2, together with the whole purport of the pleadings. A

1) Defendant A’s land in Jung-gu Seoul, Jung-gu, D, E, and Jung-gu Seoul, Jung-gu, Seoul (hereinafter collectively referred to as “instant land”).

Defendant B is the owner of the instant land, and Defendant B is the building on the ground of the instant land (hereinafter “instant building”).

(2) On September 26, 2012, Defendant B leased the eight and nine floors of the instant building to G Co., Ltd. (hereinafter “G”) as the lease term from October 1, 2012 to September 30, 2015, the lease deposit amount of KRW 70 million, monthly rent of KRW 38,300,000 (excluding value-added tax). In the case of a contract, Defendant B agreed that the lease contract is terminated if the said Defendant sells the said building.

B. On March 11, 2015, the Plaintiff purchased the instant land and buildings from the Defendants in the purchase price of KRW 24 billion, and the down payment of KRW 2.4 billion was paid on March 12, 2015 (i.e., payment of KRW 1.6 billion to Defendant A and KRW 800 million to Defendant B), and the intermediate payment of KRW 4 billion was agreed to pay the remainder of KRW 17.6 billion on June 30, 2015, respectively.

C. (1) On April 20, 2015, the Plaintiff agreed with the Defendants to enter into a sales contract for each of the instant land and buildings, and drafted a new sales contract with the following contents. According to each contract, where the Plaintiff or the Defendants are in default, either party may rescind a contract after written peremptory notice, and if the contract is rescinded due to the seller’s default, the seller shall pay the buyer the amount of the contract deposit as compensation for damages (hereinafter “instant sales contract”).

A. Defendant A (16 billion won) of the land in this case, which is the remainder of the down payment of the object seller’s purchase price and the down payment, is KRW 1.6 billion.

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