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(영문) 대전지방법원 2019.12.11 2019가합100213
매매대금반환
Text

1. The Defendants jointly share KRW 100,000,000 to the Plaintiffs, and as to this, from June 3, 2018 to December 11, 2019.

Reasons

1. Basic facts

A. Defendant D Co., Ltd (former trade name: F Co., Ltd.; hereinafter “Defendant Co., Ltd.”) and Defendant E share 1/2 shares of 723 square meters of forest land in Sejong G and H forest and 1,821 square meters of forest land, respectively, and Defendant E owns 635 square meters prior to I. The sole ownership of Defendant E.

(hereinafter referred to as “each of the instant lands” in total). The sales amount of KRW 1,615,600,000 as the down payment of KRW 200,000 shall be paid at the time of the contract and the intermediate payment of KRW 100,000 shall be paid at the time of the contract and paid at the time of December 30, 2017.

Any balance 1,315,600,000 won shall be paid on May 30, 2018.

Article 2 (Transfer, etc. of Ownership) A seller shall deliver all documents necessary for the registration of transfer of ownership to a purchaser at the same time as the balance of the purchase price is received, and shall cooperate with the registration procedure, and the delivery date of the said real estate shall be May 30, 2018

Article 6 (Non-performance of Obligations and Compensation for Damages) If a seller or a purchaser has defaulted on the terms and conditions of this Agreement, the other party shall be notified in writing to the person who has defaulted and the contract may be rescinded.

In addition, the parties to the contract may claim damages from the other party due to the cancellation of contract respectively, and the contract deposit shall be considered as compensation for damages, unless otherwise agreed.

[Matters of Special Agreement]

4. The above contract is a contract made on behalf of the equity right holder K (the representative director of the defendant company), and I is an exclusive ownership of defendant E or a contract entrusted by K.

On September 13, 2017, the Plaintiffs and the Defendants concluded the following sales contract to purchase each of the instant lands from the Defendants in KRW 1.61 billion (hereinafter “instant sales contract”). The Plaintiffs paid the Defendants the intermediate payment of KRW 200 million on September 13, 2017, and the intermediate payment of KRW 100 million on December 30, 2017, respectively.

C. On June 2, 2018, J shall be held responsible until February 27, 2019, under the responsibility of the JJ for L Real Estate Development of the amount of KRW 200 million in total and part payments of KRW 100 million to the Plaintiffs.

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