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(영문) 수원지방법원 2018.12.12 2017나73419

계약금 등

Text

1. The plaintiff's appeal against the defendants is dismissed in entirety.

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

purport, purport, and.

Reasons

1. Basic facts

A. On May 26, 2014, the Defendants entered into a contract with the Plaintiff to sell a total of KRW 5,544 square meters of 1,050,00,000 (hereinafter “instant real estate”) for E, F, G, H, I, and miscellaneous land in Dongcheon-si (hereinafter “instant real estate”). The main contents of the contract are as follows.

Real Estate Sale Contract

1. Up to 130 square meters of land categories and miscellaneous land categories of E, F, G, H, and I land size of 5,544 square meters in Dongbcheon-si, where real estate is marked, and housing units, including buildings for use;

2.The buyer, in accordance with the terms and conditions of the contract, shall pay to the seller the above-mentioned real estate sales proceeds as follows:

On June 26, 2014, KRW 626,118,000,000,000 for the purchase price, shall be paid at the time of a contract and the intermediate payment shall be paid on June 26, 2014.

The amount of three hundred million Won shall be paid on June 26, 2014.

(Transfer to Bank) The remaining T.S. Won shall be paid on September 26, 2014.

Article 5 Until the buyer pays the intermediate payment to the seller (if there is no intermediate payment, the seller shall reimburse twice the down payment, and the buyer may waive the down payment and cancel this contract.

Matters of special agreement

1. In order to substitute intermediate payments with bank and personal funds, the seller is indicated as “three buyers” under the sales contract of this case, but it is obvious that the seller is a clerical error in the context of “three sellers.”

Although the buyer indicated as “seller” under the instant sales contract, it is apparent that the buyer is a clerical error in the context.

All documents to be borrowed shall be provided.

At the time of the intermediate payment, Defendant C’s shares are as follows:

A collateral security shall be created in the name of Defendant B in the name of Defendant B, while the remainder shall be registered and transferred to the Corporation.

B. The Plaintiff paid 10,000,000 won to the Defendants on the day of the contract.

C. Meanwhile, J and Nonparty K, the Defendants’ agent, J and Nonparty K, as the Defendants’ agent, on the other hand, on 2014.