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(영문) 제주지방법원 2015.04.07 2014가단9747

매매대금반환

Text

1. The Defendants: (a) with respect to KRW 38,375,700 and KRW 8,375,700 among them, from May 9, 2014; and (b) the remainder 30,000.

Reasons

1. Basic facts

A. The deceased B (hereinafter “the deceased”) owns 7702 square meters of H orchard in Seopopo-si (hereinafter “the instant land”) and completed the registration of ownership transfer on April 23, 2008, when trusting the Korea Rural Community Corporation with the Korea Rural Community Corporation.

B. On December 12, 2013, the Plaintiff purchased the instant land from the Deceased for KRW 370 million, and paid the remainder KRW 10 million on the date of the contract, and the remainder KRW 360 million on January 17, 2014. Upon receipt of the remainder, the Deceased issued all documents necessary for the registration of transfer of ownership to the Plaintiff at the same time as the remainder payment is received, and cooperate in the registration procedure, and delivered the instant land on January 17, 2014. In the event the Deceased sells the instant land to another person by a special contract, the Plaintiff concluded a sales contract to pay KRW 30 million to the Plaintiff (hereinafter “instant sales contract”), and paid KRW 10 million to the Deceased on the day of the said contract.

C. The Plaintiff failed to prepare the remainder on the date of the remainder payment of the instant sales contract, and the Deceased was hospitalized at a hospital for up to 20 days around that time. On February 19, 2014, the Deceased sent to the Plaintiff a certificate of personal seal impression for real estate sales along with a content-certified mail stating that “if the deceased requested the payment of the remainder on several occasions, he/she requests the Plaintiff to pay the remainder by February 24, 2014 without paying the remainder, and if the Plaintiff fails to perform it, he/she will cancel the instant sales contract.”

The Deceased concluded a contract to sell the instant land to a third party on February 26, 2014, and agreed with the Plaintiff on March 3, 2014 to pay the balance by the end of March 2014.

E. On the other hand, on February 4, 2014, the Plaintiff paid 8,375,700 won in total to the Korea Rural Community Corporation on behalf of the Deceased, and the Deceased agreed to pay the said money by June 10, 2014, and converted it into loans.