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(영문) 광주지방법원 장흥지원 2018.02.13 2017가합559

매매대금반환

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On May 20, 2013, the Plaintiff entered into the following sales contract (hereinafter “instant contract”) with the Defendant with respect to each of the real estate listed in [Attachment List 1, 2, and 3 (hereinafter “each of the instant real estate”) owned by the Defendant.

The sale price and payment method - 230,000,000 won - the down payment of KRW 50,000,000 (payment) - The seller (the defendant; hereinafter the same shall apply) shall, at the same time, receive the full payment of the purchase price and at the same time conduct the procedures for the registration of transfer of ownership of each of the instant real estate to the buyer (the plaintiff and the plaintiff; hereinafter the same shall apply) and deliver each of the instant real estate.

Expenses incurred in the registration procedure for transfer of ownership shall be borne by the seller, and the expenses incurred in the registration procedure shall be borne by the buyer.

If the seller has neglected the contract deposit, he shall compensate the buyer for the amount double the down payment with the penalty, and if the buyer has neglected the contract deposit, the right to return it shall be lost by deeming it a penalty.

The same shall also apply even after commencement of contract execution.

The right to collateral security established on each real estate of this case (the mortgagee C’s safe and maximum debt amount of KRW 26,00,000) shall be cancelled together with the payment of the remainder.

B. From the date of conclusion of the contract of this case, the Defendant permitted the Plaintiff to use each real estate of this case and the part of the building listed in Paragraph 4 of the attached Table No. 4 (hereinafter “the necessary bond of this case”) as the object of the contract of this case, not the object of the contract of this case, and the land listed in Paragraph 1 of the attached Table No. 1, one of which is the relevant parcel,

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, and 3 (including branch numbers; hereinafter the same shall apply), the purport of the whole pleadings

2. The gist of the Plaintiff’s assertion was that the Defendant had prepared the balance on June 30, 2016, and the Defendant had been implementing the registration procedure for ownership transfer of each of the instant real estate. However, the Defendant’s duty was fulfilled.