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(영문) 의정부지방법원 2017.09.21 2016가단23847

매매대금 반환 등

Text

1. The Defendants each amounting to KRW 51,900,000 and each of them to KRW 15% per annum from October 7, 2016 to the date of full payment.

Reasons

Facts of recognition

Plaintiff

B. The Defendants purchased 1/2 shares of E prior 815 square meters (the ownership of Defendant B 3/4 shares, Defendant C1/4 shares, and the ownership of the instant land (hereinafter “instant land”) from the Defendants, and the purchase price shall be borne individually according to the purchased shares. Accordingly, on August 21, 2015, the seller purchased 1/2 shares of the instant land from the Defendants between Defendant B and the Defendants, the principal’ agent of Defendant C, at KRW 369,00,000,000 on September 10, 2015; the down payment of KRW 40,000,000,000 on the date of the contract; the remainder payment of KRW 279,000,000,000,000 on September 10, 2015; and the delivery date of the instant real property shall be within 20 days after the completion of the construction; and the following agreement was entered into between the seller and the Defendants:

(hereinafter referred to as the “instant sales contract.” 1) The seller’s terms and conditions of a special contract are to connect “urban gas, water supply and drainage, sewage and wastewater pipes, etc.” on the land that are sold and purchased, and the seller bears the expenses. 2) At present, the seller is under the permission for development activities and the building permission (loan) and the buyer’s own house (two Dongs) to transfer and take over the change of the use and name, and the seller bears the expenses.

(Provided, (Provided, That the buyer is to change the purpose of use only to a single house) 3) Division costs, design costs, etc. shall be borne by the seller, and various taxes, etc. shall be borne by the buyer. The Plaintiff paid the Defendants the total of KRW 20 million on August 21, 2015, the intermediate payment of KRW 20 million on September 10, 2015, and KRW 40 million on September 10, 2015. Meanwhile, Defendant B paid the Plaintiff the construction amount of KRW 240 million between the Plaintiff and the Plaintiff on October 10, 2015, and on April 30, 2016, a single house (hereinafter referred to as “instant house”).

2) The construction contract to be newly constructed at the same time (hereinafter referred to as “instant construction contract”).

B. A contract shall be concluded by the Plaintiff, and it shall be the sum of the construction cost from November 6, 2015 to May 11, 2016.