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(영문) 대전지방법원 2018.04.19 2017가단215695

매매대금반환

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1. On June 30, 2016, the Defendant: (a) on the real estate stated in the separate sheet from the Plaintiff, the Jeju District Court Seopopool registry office.

Reasons

1. Basic facts

A. On July 31, 2014, the Plaintiff entered into a contract with the Defendant to purchase D hotel (hereinafter “instant hotel”) located in Seopo-si, Seopo-si, Jeju Special Self-Governing Province (hereinafter “instant hotel”) for KRW 153,320,000 as sales price (hereinafter “instant sales contract”) and its main contents are as follows.

Article 2 (Supply Amount and Payment Method) (1) The supply amount of KRW 153,320,00. (2) The payment schedule and the payment amount (unit (unit) the intermediate payment payment payment amount and the remainder of interest-free interest at least once every five times on five occasions, respectively, on May 20, 2014 at the time of the contract, five times every time, and on August 20, 2014: < Amended by Presidential Decree No. 2582, Apr. 20, 2015; Presidential Decree No. 25840, Apr. 20, 2015; Presidential Decree No. 25440, Aug. 20, 2015; Presidential Decree No. 2000, Jan. 16, 960, 160,000; Presidential Decree No. 16097, Oct. 16, 90, 97; Presidential Decree No. 25170, Apr. 20, 2015)

B. Upon entering into the instant sales contract, the Plaintiff and the Defendant: (a) entrusted comprehensive rental management of hotel rooms for five years from the completion date of the instant sales contract; (b) concluded an asset management consignment agreement with both parties on the condition that the sales price will be the minimum guarantee rate of the sales price excluding value-added tax and the maximum of 0-2% of the sales price excluding value-added tax excluding the remainder payment and the ownership transfer registration excluding the remainder payment for 36 months from the next month following the completion date of the ownership transfer registration excluding the remainder payment and the sales price for 36 months from the next month following the completion of the ownership transfer registration excluding the remainder payment; (c) and (d) three months before the expiration of 36 months prior to the arrival

(hereinafter “instant entrustment contract”). C.

After the Plaintiff paid the purchase price in full to the Defendant, on June 30, 2016, the Jeju District Court issued the Seopopo District Court No. 42101, Jun. 30, 2016, with respect to the guest room of this case as the Plaintiff’s receipt on June 30, 2016.