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(영문) 서울북부지방법원 2016.10.13 2014가합21339

매매대금반환

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The Plaintiff, etc. and the Da and E’s real estate sales contract was concluded 1) The Plaintiff and the Masan Cultural Institute Co., Ltd. (hereinafter “Masan Cultural Institute”), and the Plaintiff and the Masan Cultural Institute together are “Plaintiffs and one other”

(D) On September 9, 2010, the land and its ground buildings (hereinafter referred to as “instant real estate”) on 19 parcels, including the land F in Gyeyang-gu, Soyang-gu, Goyang-gu, Soyang-gu, Mayang-si, and 10

(2) The sales contract of this case (hereinafter “instant sales contract”) with the following content to purchase 12.2 billion won

The buyer entered into a contract. In the sale of the above real estate under Article 2, the buyer shall pay the purchase price as follows. The buyer shall pay the intermediate payment of KRW 12.2 billion on September 9, 201, the outstanding payment of KRW 10.2 billion on October 30, 201, the outstanding payment of KRW 10.2 billion on October 30, 201, the outstanding payment of KRW 10.30 billion on October 30, 201, shall be the order of Article 3 of the above real estate on March 30, 2010. The seller under Article 4 shall pay the debts and taxes related to the above real estate as of the outstanding payment date. The seller under Article 5 shall deliver all the documents necessary for the registration to the buyer and shall cooperate with the registration of transfer.

Section 6. The seller shall reimburse the amount of the down payment at the time of the termination of the contract, and the buyer shall waive the down payment at the time of the termination and shall not claim the return thereof.

proviso provisions of proviso

1. All debts out of the above sale amounts, such as loans and establishment of other collateral security, seizure, provisional seizure, etc., shall be deducted as KRW 8.2 billion out of the balance and shall be succeeded by the purchaser after the settlement thereof;

2. Where the payment of any balance is deferred from among the sales amount, the interest shall be settled and paid at the interest rate of a commercial bank, and all the problems arising therefrom shall be borne by the purchaser; and

3. The trees and above-mentioned real estate (such as an unauthorized building and facility) are included in this sales contract and have been included in the sales amount. 4. The seller agrees to provide a written consent for land use (only in the application for authorization) at the same time as the gold contract.