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(영문) 부산지방법원 2020.11.11 2020가합42596

소유권이전등기

Text

1. As to the real estate stated in the attached list to the Plaintiff, the Defendant is based on sale on October 14, 2019.

Reasons

. The instant sales contract is “instant sales contract.”

A) A contract is concluded, and around that time, the Defendant paid the down payment of KRW 15,00,000 to the Defendant. Of the instant contract, the parts related to the instant case are as follows. The payment of the remainder of Article 2 of the instant contract and the payment of the purchase goods (sale rights, winning rights, etc.) shall be made at the same time, and the submission of documents, such as a certificate of seal imprint, shall be made immediately upon modification if necessary. If the seller violates the instant contract, the amount of the contract shall be repaid under the penalty; and if the buyer violates this contract, the total sum of the contract deposit shall be considered as the seller. In addition, the matters not stated in the instant contract are calculated in accordance with relevant laws and general practices. Furthermore, the payment of the down payment shall be calculated based on the balance date. [special agreement] This contract is the sales right contract, the supply contract is confirmed, and the contract is concluded. (b) The matters not stated in the instant special agreement is governed by the provisions on contracts under the Civil Act and the general practices on real estate sales. (b)

2) On December 16, 2019, the Plaintiff deposited KRW 53,500,000 (i.e., part payments of KRW 68,500,000 - KRW 15,000,000) as the part payments under the pretext of the part payments, with the Defendant as the principal deposit in Busan District Court Decision 2019, Dec. 16, 2019 (i.e., part payments of KRW 68,50,000). C. The Defendant deposited KRW 5,00,000 as the part payments of the part payments and the down payments of KRW 15,00,000 for the return of the part payments paid by the Plaintiff on November 18, 2019 with the Plaintiff as the principal deposit on November 19, 2019.

2. The defendant shall make the plaintiff on November 22, 2019.

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