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(영문) 광주지방법원 목포지원 2018.09.07 2017가합12085

매매대금

Text

1. The Defendant (Counterclaim Defendant) against the Plaintiff (Counterclaim Defendant)

(a) Appendix 1 Nos. 1 through 6, and 8, respectively.

Reasons

1. Basic facts

A. On April 14, 2017, the Plaintiff entered into a sales contract with the Defendants to sell each real estate listed in the separate sheet No. 1 owned by the Plaintiff (hereinafter “each of the instant real estate”) to the Defendants (hereinafter “instant sales contract”). The main contents of the instant sales contract are as follows.

2. The payment of KRW 440,000,000 in the intermediate payment of KRW 60,000,000 in the purchase price and payment method, and KRW 100,000 in the intermediate payment of KRW 60,000 in the purchase price and payment method, until May 16, 2017, shall be made up to June 15, 2017;

3. A seller shall, at the same time as he/she receives the full amount of the purchase price, take procedures for the registration of ownership transfer of this real estate to the buyer, and specify and deliver this real

4. Expenses incurred in relation to the procedures for registration of appurtenant thereto shall be borne by the seller and borne by the buyer.

6. If the seller has neglected the contract deposit, he shall compensate the buyer for the double amount of the down payment with the penalty, and if the buyer has neglected it, the down payment shall be regarded as a penalty and lose the right

The same shall also apply even after commencement of contract execution.

B. The Defendants paid to the Plaintiff a down payment of KRW 60 million and an intermediate payment of KRW 100 million according to the instant sales contract at each due date.

C. D Co., Ltd., a former owner of the instant real estate, filed an application against the Plaintiff for provisional disposition prohibiting the disposal of each of the instant real estate by Suwon District Court 2017Kadan180, and received the provisional disposition on July 6, 2017, and completed the provisional disposition registration on the same day (hereinafter “the provisional disposition registration of this case”).

Accordingly, the Plaintiff filed an objection to provisional disposition with Suwon District Court 2017Kadan2590, and the instant provisional disposition was revoked on December 1, 2017, and the registration of the instant provisional disposition was revoked on the 15th of the same month.

D Co., Ltd. appealed but was dismissed on April 12, 2018, and became final and conclusive around that time.

E. Meanwhile, from the time of the instant sales contract, this case was concluded.