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(영문) 서울중앙지방법원 2014.03.20 2013가합524818

매매대금반환

Text

1. The Defendant (Counterclaim Plaintiff) paid KRW 25,00,000 to the Plaintiff (Counterclaim Defendant) and its payment from July 19, 2013 to March 20, 2014.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. On January 19, 2009, the Plaintiff entered into the first sale contract with the Defendant, and on January 19, 2009, the Plaintiff collectively referred to as “Defendant’s land” (hereinafter collectively referred to as “Defendant’s land”).

(ii) 330.58 square meters (100 square meters; hereinafter “land subject to sale”) of the north-side land adjacent to D and E, which is the neighboring land;

Attached hereto

1. The land described in paragraph (1) in the list of real estate;

A) The sales contract to purchase the purchase price of KRW 4.5 billion (hereinafter “the primary sales contract”) is a sales contract.

(2) On the Defendant’s land, the Defendant’s building (hereinafter “Defendant’s building”) is a brick gate, a roof 420.05 square meters storage, and a warehouse of 165.9 square meters in an underground room;

Attached hereto

1. Building stipulated in paragraph (2) of the list of real estate;

The construction has been built (the defendant completed the registration of ownership transfer on September 25, 2003).

(3) At the time of the conclusion of the first sale contract, the Defendant agreed to pay the first floor warehouse of the above building to F (40 million won as lease deposit), and the underground room to G (100 million won as lease deposit) at the time of the conclusion of the first sale contract, the original Defendant paid the Defendant the down payment of KRW 1 billion in the down payment of KRW 4.5 billion on the date of the contract, the intermediate payment of KRW 1 billion on February 16, 2009, and the remainder of KRW 2.5 billion on July 30, 2012. Accordingly, on January 19, 2009, the Plaintiff paid the down payment of KRW 1 billion to the Defendant on the date of the contract.

The payment of any balance shall be July 30, 2012, and three million won monthly rent in the underground room of the agreement to pay the balance at any time, at the same time as the payment of the intermediate payment and the payment of the balance to be received by the purchaser, shall be registered at the same time as the intermediate payment after obtaining a seal imprint, even if the purchaser is a person other than the purchaser at the time of the payment of the balance to be received by the purchaser, at the same time as the intermediate payment after obtaining a seal imprint and completing the payment

(1) On June 30, 2013, the first floor F. 4), while the original defendant set forth the following matters as the special terms and conditions of the first sales contract. (2) The first floor F. 1).