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(영문) 부산지방법원동부지원 2016.10.07 2016가합100804

계약금 등 반환

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Facts of recognition;

A. (1) On October 15, 2015, the Plaintiff purchased real estate listed in the separate sheet from the Defendant for KRW 2.3 billion (hereinafter “instant sales contract”).

AB concluded the agreement.

The main contents are as follows:

Real estate sales contract;

1. Real estate indicated in attached Form to indicate real estate;

2.In the sale of the above real estate under Article 1 of the terms of the contract, the seller and the buyer are to pay the purchase price as follows:

A down payment: 2.3 billion won: The remainder of the payment at the time of a contract (payment at the time of a contract) : Article 2 of the seller’s payment at KRW 2.5 million (payment at October 30, 2015) shall receive the balance of the purchase price, deliver all documents necessary for the registration of transfer of ownership, and cooperate in the procedures for registration of transfer of ownership, and deliver the said real estate on December 30, 2015.

Article 5 The seller shall compensate for the amount of the down payment before the buyer pays the intermediate payment (if there is no intermediate payment agreement, the remainder), and the buyer may waive the down payment and cancel this contract.

Article 6 In the event of default on obligations under this Agreement, the seller or the buyer of the contract may notify in writing the other party who has defaulted on obligations, and may cancel the contract if the other party has failed to perform the obligation.

In such cases, the seller and the buyer may claim damages from the other party respectively, and the standards of Article 5 shall apply, unless otherwise agreed on the damages.

Matters of special agreement

2. The seller shall provide documents concerning the current status survey, and shall register the entry route (for approximately four square meters) into a house and a share register;

3. The seller shall move and remove above-ground objects on the land until December 30, 2015.

2) On October 15, 2015, the Plaintiff paid a down payment of KRW 250 million to the Defendant. (b) After consultation with the Defendant, the Plaintiff extended the remainder payment date of the instant sales contract to November 30, 2015, and additionally paid KRW 70 million, in addition to the purchase price.