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(영문) 울산지방법원 2017.08.23 2017가합20551

매매대금반환

Text

1. The Defendant’s KRW 500,000,000 as well as its annual 6% from February 17, 2017 to August 23, 2017 to the Plaintiff.

Reasons

Based on the facts, the Plaintiff entered into a real estate sales contract (hereinafter “instant sales contract”) with the Defendant who is engaged in real estate sales business, etc. on September 29, 2016, between the Plaintiff and the Defendant who is engaged in real estate sales business, etc., and the Plaintiff entered into a real estate sales contract with the Defendant with the content that the Plaintiff purchases the real estate and building A in Ulsan-gu, Ulsan-gu, and building B, the land and building C, the land and building D, the land, the land, the E, the E, the land and the building on the ground, and the G land and the building on the ground (hereinafter “each of the instant real estate”).

The main contents of the instant sales contract are as follows.

The Defendant and both the Plaintiff conclude a sales contract for each of the instant real estate as follows:

2. As to the sale of each real estate of this case under Article 1 (Purpose) of the contract terms, the Defendant and the Plaintiff, by agreement, shall pay the purchase price as follows.

The down payment of the purchase price shall be paid at the time of the contract, and the intermediate payment shall be paid on October 5, 2016, when the down payment of 2,800,000,000 won is paid at the time of the contract.

The balance shall be paid in October 31, 2016 for the payment of the balance of KRW 00 million.

Article 2 (Transfer, etc. of Ownership) The defendant shall deliver all the documents necessary for the transfer registration of ownership to the plaintiff and cooperate with the registration procedure at the same time when he/she receives the balance of the purchase price, and the delivery date of the said real estate shall be October 31, 2016.

Article 3 (Extinguishment of Restricted Real Rights, etc.) When there are grounds to restrict the exercise of ownership, such as mortgages, superficies, leases, etc. established on the above real estate, or there are unpaid taxes, public charges and other charges, the defendant shall remove the defects and burdens of the rights and transfer the full ownership to the plaintiff

except in cases of rights and amounts agreed to succeed.

Article 5 (Cancellation of Contracts) If the Plaintiff does not pay the intermediate payment (if there is no intermediate payment), the balance shall be paid to the Defendant.