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(영문) 서울중앙지방법원 2016.11.18 2016가단39710

매매대금반환 등

Text

1. The Defendant (designated parties) and the appointed parties shall be KRW 125,00,000 and the Defendant shall begin on April 19, 2015.

Reasons

1. Basic facts

A. On December 20, 2015, the Plaintiff (designated parties, hereinafter “Plaintiffs”) and the designated parties, and the Defendant concluded a sales contract with the following terms and conditions that the Plaintiff and the designated parties purchase the following subject matter from the Defendant (hereinafter “instant sales contract”).

The subject matter of sale: The seller of Jongno-gu Seoul Metropolitan Government land and buildings thereon, and the purchase price of D land: 1.69 million won (payment on a contract basis) and the balance of KRW 1.50 million (payment on January 20, 2016) shall deliver all documents necessary for the registration of transfer of ownership to the purchaser at the time of receiving the balance of the purchase price and shall cooperate with the registration procedure. The date of delivery of real estate shall be January 20, 2016 when there is a reason to restrict the exercise of ownership, such as mortgage, superficies, lease, or other charges, or when there is any reason to restrict the buyer's exercise of ownership, such as mortgage, superficies, lease, or unpaid charges, the seller shall transfer the full ownership to the buyer by removing the defect and burden of the rights until the date of receiving the balance: Provided, That where the seller or purchaser fails to comply with the rights and amount to succeed, the other party shall be notified in writing to the person who has failed to perform the contract, and the parties may claim damages from the other party to the contract, the seller shall deposit the remainder of value-added amount of KRW 4000 million.

B. On December 20, 2015, the Plaintiff and the designated parties: (a) pursuant to the instant sales contract, KRW 25,000,000, out of the down payment of KRW 100,000,000, pursuant to the instant sales contract, shall be the account designated by the Defendant.